We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Nobody downloaded yet

The role of judges in making law in Uk courts - Essay Example

Comments (0) Cite this document
Summary to essay on topic "The role of judges in making law in Uk courts"
The thesis of this paper is how judges help molding of law through their decisions and help future of course of action by law making body i.e. the parliament. The legal systems of United Kingdom owe their origin to judges who made laws in the course of their decision making…
Download full paper
Polish This Essay
The role of judges in making law in Uk courts
Read TextPreview

Extract of essay "The role of judges in making law in Uk courts"

Download file "The role of judges in making law in Uk courts" to see previous pages... This principle of precedent is also known as 'stare decisis'. This precedent should be created by a high ranking court and not from the courts of first instance. They are supposed to follow strictly the already existing law and precedents. Often these courts would be engaged in fact finding since they are not expected to hear full legal arguments of the parties.
Let us write or edit the essay on your topic "The role of judges in making law in Uk courts" with a personal 20% discount.. Try it now
The courts administration documents and reports the decisions from 1865 in U.K. It is called now Incorporated Council of Law Reporting for England and Wales. It brings out The Weekly Law Reports and The Law Reports. The decisions that are taken as legal precedents shall have 'ratio decidendi' behind them. The ratio decidendi must be related to the law and not on factual findings. It can not also be 'obiter dictum' mentioned as a passing reference while deciding the case and shall have no legal basis for future decisions. The ratio which is binding shall have legal principles and rules considered for finding a solution for the problem in the case. The 'obiter dicta' however are treated as persuasive authority which later judges can use them for arriving at their decisions but are not bound to treat them as precedents.(UK law online)
Precedent has a very important role in the common law. It ensures certainty and consistency and logical progression and development in the law. At the same time it can be rigid and also complex - what is "the law" on a subject may be very difficult to find or to state as it is spread across many cases. So, many countries (especially in Continental Europe) prefer a codified system in which laws are set out in legislation and cases which apply them may be illustrative but do not become binding. The law is also easier to find and to state and is rationally prospective rather than based on the chance event of litigation, which may give rise to laws based on extreme or unusual situations or unevenly argued cases. For example, here is the offence of murder in US Federal Law. By contrast, the law of murder in England is contained in several cases, and even having read them there may be room for doubt. As for English law, the classic definition of murder is considered to be that given by Lord Chief Justice Coke who (writing in the early seventeenth century) said: "Murder is when a man of sound memory and of the age of discretion, unlawfully killeth within any county of the realm any reasonable creature in rerum natura under the King's peace, with malice aforethought, either expressed by the party or implied by law, so as the party wo, or hurt etc. die of the wound or hurt etc .within a year and a day of the same." (UK Law online)
Blackstone stated in eighteenth century that court decisions were mere evidence of common law. (Commentaries pp 88-9) Later Lord Esher said in 1892 that there was no judge made law as such since the judges did not make law but only applied prevailing law not previously applied authoritatively (Willis v Baddeley) However these views are refuted by late professor Cross stating
"a rule stated in a precedent is law properly so called and law because it was made by the judges, not because it originated in common usage, or the judge's idea of justice and public convenience" (Cross R 1991 p 28)
Cross holds that Lord Esher's view that application of existing law to new circumstances actually is similar to statement of ...Download file "The role of judges in making law in Uk courts" to see next pagesRead More
Cite this document "The role of judges in making law in Uk courts"
  • APA
  • MLA
(“The role of judges in making law in Uk courts Essay”, n.d.)
Retrieved from https://studentshare.org/miscellaneous/1504270-the-role-of-judges-in-making-law-in-uk-courts
(The Role of Judges in Making Law in Uk Courts Essay)
“The Role of Judges in Making Law in Uk Courts Essay”, n.d. https://studentshare.org/miscellaneous/1504270-the-role-of-judges-in-making-law-in-uk-courts.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC "The role of judges in making law in Uk courts"
Law Making Essay
Once approved by the queen, a proposed bill becomes law and is superior to common law. An example of acts of parliament is the “freedom of information act” which was proposed to parliament and assented to in 2000 (Harris, 2007, p. 190). (b). Delegated legislation Delegated legislation refers to laws made by a body or an entity other than the parliament.
6 Pages(1500 words)Essay
The Main Sources of Law in England Today and the Role of Judges
English law applies to England and Wales, but there are various laws, which apply to the entire UK. There are international policies and rules that may become part of national laws, for example, the European Convention on Human Rights (ECHR) in which UK is a signatory.
6 Pages(1500 words)Essay
The role of the rule of law in the criminal justice process in UK
These three consist of (i) The Ministry of Justice, which is concerned with the magistrates' law courts, the Appeals Courts, the Crown Court, the National Offender Management Service, and the Legal Services Commission (ii) The Home Office under whose jurisdiction are the police
7 Pages(1750 words)Essay
Utilization of the law and its processes
The conclusion wraps up each area individually so that proper cohesive thought can be developed to form the basis of the paralegal studies. Law is a fundamental process within society as it controls societal behaviors and minimizes illegal activities so that there will be a sense of safety and an encirclement of social norms in the various classes and structures in all community settings.
8 Pages(2000 words)Essay
Individual Rights and the Law - Scots Law
Terms are defined first and relevant current writings on the matters are analysed to therefore confirm the truth or falsity of the statement. The Human Rights Act of 1998, as the name suggest addresses a range of issues involving human rights on the lives of the
10 Pages(2500 words)Essay
Are rules or principles more important to any discussion of law
Ronald Dworkin’s principles of law advance an interpretive theory that essentially encompasses a concept that law is a balancing of socio-economic priorities and individual rights. In other words, law attempts to indorse current values and
10 Pages(2500 words)Essay
Business Law
o be considered as the first source of English Law because its decisions and case law conclusions are binding in all courts below it in the hierarchy (Kelley and Holmes, 1997). House of Lords is considered to be the last resort in the UK. Kelley and Holmes (1997) argued that it
4 Pages(1000 words)Essay
In United Kingdom law the issue of employee status is largely one for the courts to decide upon. Outline the methods whereby the judges reach their decisions on this issue and comment critically on the effectiveness of those methods
control test over other tests in determining employee status in the country, with the latter test seeking the level of control the employer has either explicitly or implicitly over the worker1. This paper will analyze the current laws of the United Kingdom with regards to how
9 Pages(2250 words)Essay
Briefly outline the court system in England and Wales, and in particular the role of the Crown Court
These courts are established and statutory law in England and Wales. Different matters are committed of sent to different courts depending
5 Pages(1250 words)Essay
Critically compare the way in which courts have elaborated on the scope, rationale and function of: (a) the graphic representation requirement in trade mark law, and (b) the claims for patent protection. Reference can be made to both UK and EU cases
Trademarks are normally indicated in different places and areas, for example package, receipts, buildings vouchers or even official documents1. One example of a trademark is “Nike: which shows shoe product manufactured by Nike
9 Pages(2250 words)Essay
Let us find you another Essay on topic The role of judges in making law in Uk courts for FREE!
Contact us:
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us