Free Essay: do judges make law - StudyMode.
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.
Parliamentary sovereignty is the key stone in the British Constitution. If judges were to make law then they would be contradicting this doctrine. The legislative supremacy disqualifies the courts power to review the validity of legislation, refer to British Railway Board v Pickin.
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The Judiciary of England and Wales contains many levels, based on the court in which the judge sits. Titles are given to judges relating to their position and, in the case of knighthoods and peerages, this includes the positions they had previously held.
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A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of.