1."...there was never a more sterile controversy than that upon the question whether
a judge makes law.Of course he does.How can he help it? (Lord Radcliffe)
Discuss the bove statement.
2. To what extent are judges bound by precedents and is it desirable that they
should be so?
3. Could the Court Of Appeal depart from its own decisions? What would be the
advantages and disadvantages of such course?
4. It is now a commonplace legal theory that judges do make law.Perhaps the more
interesting Question is not whether judged makes law but why they deny that they
do so.
Discuss this argument using illustrations as case law.
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About Me
- A.VIJAYCHANDRAN
- Kuala Lumpur, Selangor, Malaysia
- Origin- Penang.Came to KL in 80's to study theology.Threw away my religious books after 4 years to read Law.
1 comment:
People always ask this question and as a paralegal we are told clearly that judges can only interpret the law but what happens if there are no prior cases to base the verdict on? Someone than must make the decision whether or not the defendant is guilty or not. I understand that those rules vary from country to country but there are more similarities than we think.
You sure have an interesting blog. One question for you. Why did you go from theology to law?
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