Common Laws As Judge Made Law Law Essay.
Judge-made law is the foundation of common law where the doctrine of precedent aroused. Doctrine of precedent requires that whatever decision is made by the higher courts, lower courts must follow and make the same decision in the same cases and that’s why common law is also called precedent law and precedent means using the same case from before as an model or guide.
Judge-made law. To further understand the doctrine of binding precedent it must also be noted that there are potentially two elements of law within a precedent. It is not the decision in a case, which is binding, but rather the rule of law on which the decision was based on. This element is known as the ratio decidendi.. Law Essay Writing.
This essay seeks to establish several areas in which judges do make law. Presently a judge’s role is not to make law but to uphold the laws which are made.
Donogue V stephenson is the best example of case ( Judges do make law). It is known as Case Law or Judge Made Law. To eradicate the inequality and unfair decisions, The Court of Appeal set law every day, their decisions become law which creates flexibility and a progressive judicial system. The statute cannot be altered as it is literally written.
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Do Judges Make Law. A judge-made law is a law rooted in a judiciary decision, not an act of legislation made by lawmakers or a regulation created by a government agency with the legal authority to do so. The collective body of judge-made laws in a nation is also known as case law.
A common law system” is a legal system that gives great precedential weight to common law, on the principle that it is unfair to treat similar facts differently on different occasions. The body of precedent is called “common law” and it binds future decisions.
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For the primary law it is created by the legislature, which is the parliament as the parliament has the power to make the statue because the people elected them. So the judges interpret the primary law, which was created by the legislature.
A basic question for law and economics is the efficiency of law. Hayek (1960, 1973), although writing before the law and economics movement and writing from another perspective, had argued that common or judge made law was better than statute law (see Christiansen, 1990, for an attempt to reconcile Hayekian arguments with law and economics).
The use of precedent also has as a result to limit the development of the law. The doctrine of stare decisis is a limiting factor in the development of the law made by judges. Practical law is founded on experience but the scope for further experience is restricted if the first case is binding.
Law related activities are laid out in section 52 and include the obvious such as practising as a lawyer; and the not so obvious such as teaching law. Incidentally, the Tribunals, Courts and Enforcement Act 2007 provides, for the first time, that Fellows of the Institute of Legal Executives are eligible for appointment to the judiciary.
