Do Judges Make Law ? - Legal system and method LA1031.

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Judges do both. Judges interpret the statue law and they make the common law. There are two types of law one would be the primary law, which is also known as the statue law and the secondary law, which is also known as the common law.

Judges have been making new law for at least 700 years. For most of that time, they tried to hide this uncomfortable fact from public: they called judge-made law the common law, as if to suggest it has always been with us, permanent and unchanged.

The declaratory theory of law is quite simply that judges do not make or create the law, the merely declare what the law is and what it has always been. The declaratory theory of law has often been used by members of the judiciary and constitutional lawyers as a shield against the accusations of others that judges do in fact create law.

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The doctrine of judicial precedent is mainly stand for the certainty of the law. Usually the judges are bound to follow the previous decisions. The decisions which they should follow may have been passed by a higher court or adjudicate court itself. Sometimes we hear that judges make law. We know that making law is the prerogative of parliament.

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Tyrants and paranoid politicians would rather have judges who will not “legislate from the bench” but merely “apply the law, not make it.” This view is known as strict constructionism and says that only parliament should make law and decide important national policies.

The five verses given to recounting Tinsel’s role, as judge, may seem as if the narrator thought him to be insignificant, but in reality it is the opposite. From this point forward, the length of each Judges’ account increases, just as Israel’s unfaithfulness and lack of spiritual direction increases.

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