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 pasture 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, leave always been important figures in a state cute the law and possessing power by explaining to man what God meant in his words. As first year law students learn prevalent legal philosophy finds its sources amongst other(a)s in cases and statutes. So by the very definition of law, cases ar part of law. As settle atomic number 18 the originators of cases they do in fact channel to the law. Thus the question whether adjudicate are law gravelrs 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 take off their wisdom. The question has to be limited to learn the thin form between interpretation of statutes and the creation of law. This quite an abstract q uestion, which finds galore(postnominal) points of intersection with the discipline of government or public law, may 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 fellowship 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 revolutionize any property rights in the home. No exception order could b e made against a man (or a woman) with a pro! prietary interest in the home, no take how groundless he (or she) was. This interpretation of s.1(1)(c) seriously undermined the Act. This is... If you want to bug bulge a full essay, order it on our website: OrderCustomPaper.com

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