I’m grand with the rest of my law degree but one question gets me, I don’t know what to say… outline the role of the judiciary in the legal system, identify one argument for and against the contention that judges create law… My answer is Our law is a combination of legislation (created by parliament in the form of statutes) and common law (created when Judges interpret the law and add further definition to it.
Sometimes this is called “case law.” A good eg is the Offences Against the Person Act 1861. The parliament-made legislation sets out the main criminal offences of assault, battery, ABH and GBH. However, the meaning of “assault” has been interpreted by judges in various cases over the years e.g. R v Ireland, Burstow (1997). Some criminal offences aren’t set out in any legislation e.g. Murder, which is a common law offence – there is no piece of legislation which states that it is an offence to murder someone. Instead, the offence of murder was created by judges in how they interpreted general law and custom.
Id like your input.
This really has me stumped.
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