Topmusicanswers
Judges do make law; they make law all the time and they always have. ... Consequently, it is the application of precedent by judges, whether they are developing the common law (for example in areas such as negligence or murder) or interpreting statutes is the main mechanism whereby judges make law.
- What is judge-made law UK?
- How is a judge-made law?
- How do judges make decisions UK?
- How do judges create common law?
What is judge-made law UK?
1. Judge-made law is an independent source of law in common law systems. 1 To jurists brought up in legal systems which have codified law this is one of the striking features of the common law tradition.
How is a judge-made law?
Judge-made law – known as common law – is law that has developed from judgments handed down in court. It is most often used to make decisions about areas that are not included in Acts of Parliament. When using common law judges decide cases along the lines of earlier decisions made in similar cases ('precedents').
How do judges make decisions UK?
A judge's role is not to make law, but to uphold and apply the laws made by Parliament. The laws must be interpreted and applied by the judges to different cases, and this includes guidelines on the appropriate sentence. If a jury finds the defendant guilty then the judge will decide on an appropriate sentence.
How do judges create common law?
Common law is made by judges in a court , using precedent – decisions made in previous similar cases – to decide how they will judge a case before them. If no past cases with similar circumstances exist, a new decision is made, which would then become a precedent for a future similar case.
