Saturday, July 25, 2009

Parliament Vs Courts

Parliaments
- democratically elected by the people, therefore it gains its authority to make law from the consitution and approval from the people.

Courts
- Only make law when the legislations stated are unclear, and to bring about just outcome.
- * Only superior courts and above can make laws.

Role of Judge -reslove disputes to bring about just outcomes
- making case law


Judges create laws in 2 ways
Judicial pronouncement - when there is no statutory law exits, refer to past precedent as guidance, if no relevant authority exits, they create new law to bring about just outcome.
Statutory interpretaion - when the statutory law is unclear, then judge will creates case law when giving meaning to words or phrase in statutes to resolve disputes.

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