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 purchase enounce which King Artaxerxes gave to Ezra the priest, the scribe, learned in the words of the commandments of the LORD and His statutes to Israel. The scribed, relinquish always been important figures in a state workmanship the law and possessing power by explaining to man what God meant in his words. As first year law students learn general legal philosophy finds its sources amongst other(a)s in cases and statutes. So by the very(prenominal) definition of law, cases ar part of law. As settle nuclear number 18 the originators of cases they do in fact use up for to the law. Thus the question whether adjudicate are law makers seems to be ubiquitous in the light that they contribute to the existence of a very source of law. The question though arises from where do they clear their wisdom. The question has to be limited to learn the thin suck between interpretation of statutes and the creation of la w. This quite an abstract question, which finds many another(prenominal) points of intersection with the discipline of government or public law, whitethorn well be dealt with by illustrating a variety of cases. In the 1970s Parliament passed the Domestic Violence and matrimonial transactions Act (1976). Section 1 empowered judges to make various protective orders one of which had the effect of excluding the other society from the matrimonial home [s.1(1)(c)]. The courts however decided in B.v.B and in Cantliff v. Jenkins that the Act did not empower County Court judges to bowl over any property rights in the home. No exception order could be made against a man (or a woman) with a proprietary interest in the home, no take how wild he (or she) was. This interpretation of s.1(1)(c) seriously undermined the Act. This is... If you want to bug aside a full essay, order it on our website: OrderCustom Paper.com

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