If judges interpret the law, does that mean they are law makers?
Date Submitted: 07/13/2004 14:53:02
The Bible says in Ezra 7, 11: "Now this is the copy of the decree 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, have always been important figures in a state knowing the law and possessing power by explaining to man what God meant in his words.
As first year law students learn Common Law finds its sources
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had to create a statute for every single different situation and variation of a case they might foresee. Equally Parliament might be rendered in practicable if had to do so. In a way the courts secure the safe and reasonable application of law in the light of precedent and legislators intent. As we have seen though there is a thin line between sole interpretation or application and creation.
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