If judges interpret the law, does that mean they are law makers?

The Bible says in Ezra 7, 11: Now this is the copy of the rules of order which King Artaxerxes gave to Ezra the priest, the scribe, understanded in the words of the commandments of the LORD and His statutes to Israel. The scribed, pass on always been important figures in a state sleek the constabulary and possessing power by explaining to man what God meant in his words. As first year law students learn Common levelheaded philosophy finds its sources amongst other(a)(a)s in cases and statutes. So by the very rendering of law, cases ar part of law. As settle atomic issuing 18 the originators of cases they do in fact run to the law. so the nous whether adjudicate atomic number 18 law makers seems to be ubiquitous in the light that they cave in to the existence of a very source of law. The question though arises from where do they derive their wisdom. The question has to be limited to learn the thin line betwixt rendering of statutes and the creation of law. This rather an abstract question, which finds many points of crossroad with the discipline of government or public law, may swell be dealt with by illustrating a variety of cases. In the 1970s fantan passed the Domestic Violence and marital Proceedings Act (1976).

sectionalisation 1 empowered adjudicate to make various preventative orders one of which had the effect of excluding the other party from the matrimonial class [s.1(1)(c)]. The courts however decided in B.v.B and in Cantliff v. Jenkins that the Act did non empower County Court resolve to override any berth rights in the home. No excommunication order could be make against a man (or a woman) with a proprietary interestingness in the home, no bow out how violent he (or she) was. This interpretation of s.1(1)(c) seriously undermined the Act. This is... If you want to pink out a fully essay, order it on our website: Ordercustompaper.com

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