University of London Common Law Reasoning Institutions Essay Title: “There can be no real argument about it: judges make law. The declaratory theory is more or less nonsense.” Student Number: 120448995 Candidate Number: 150573 Historically there are lots of arguments by the philosophers and the critics that judges make law or not. Actually judges are meant only to interpret the law. This can be seen that somehow they are making law but the question arises whether this is lawful
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given willingly to someone without payment’ (Available at: http://www.oxforddictionaries.com/definition/english/gift [accessed: 4 December 2013]. It is this definition that has found itself at the centre of anthropological debate. Bronislaw Malinowski first coined the term ‘pure gift’ whilst conducting his ethnographic research in the Trobriand Islands. A ‘pure gift’ according to Malinowski was ‘an act in which an individual gives an object or renders a service without expecting a return’ (1922: 176)
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Should the interpretation of law be strict or loose? Law can be understood differently by a different variety of people who apply if different whether it’s strictly‚ loosely and everything in between. I believe that the interpretation of law shouldn’t be really strict‚ but shouldn’t be very loose at the same time. I believe that the interpretation of law should be in the middle of strict and loose. If the interpretation of law is loose‚ then people will just go around it and find their way out
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judges were to make law then they would be contradicting this doctrine. The legislative supremacy disqualifies the courts power to review the validity of legislation‚ refer to British Railway Board v Pickin . The objective of judges is to not make law but simply declare what the law had always been. Acts of Parliament are the highest form of authority and the courts hands are tied by it. But through the doctrine of precedent‚ the judicial function of declaring and applying the law has a ‘quasi-legislative
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Law esasay Hard-up Construction wants to know (a) Whether they have any right against university of South Yorkshire (Their employer) for refusal of payment of additional payment of £600‚000 on top of the original contract price and (b) Whether they are entitled to £50‚000‚ as promised by Ms Barbara Ella.ln order for them to succeed they will have to show that South Yorkshire reluctantly agreeing and Ms Barbara Ella promise was contractually binding. The two issues can be out to be looked at separately
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traditions in American history is the Second Amendment‚ which states: "A well-regulated militia‚ being necessary to the security of a free State‚ the right of the people to keep and bear Arms‚ shall not be infringed." The United States is one of the best countries to own a firearm. In fact‚ per the United Nations Office on Drugs and Crime‚ The United States has 88.8 guns per 100 people‚ or about 270‚000‚000 guns‚ which is the highest total and per capita number in the world. Statistics have also shown that
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9/29/11 IAH 201 11367 US Makes Its Presence In The World From the time of the Spanish American War‚ until the current conflict in the Middle East‚ the United States went from relative isolation to increased global involvement because of international idealism‚ and the entrance into World War 1‚ World War II‚ and Vietnam. The consequences of this increased global involvement on American society was the new idea of positions in society for African Americans‚ and the counter culture movement
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DO JUDGES MAKE LAW? There are two main sources of English Law- legislation and cases. When interpreting legislation judges must ascertain the intention of Parliament and‚ except insofar as they apply the mischief rule of interpretation‚ they do not make law. Traditionally and due to the doctrine of the separation of powers judicial role is really not properly legislative at all‚ but consist merely in stating what the existing law actually is‚ and interpreting authoritatively doubtful points as
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that a person should live‚ but for others‚ it is simply inadequate. If a person’s life is lacking in self awareness or intrinsic presence as a human being‚ due to extreme physical or mental suffering‚ then that person should be able to choose a dignified death rather than an undignified existence. This is evident because of moral conscience‚ social bias or pressure‚ and financial situations. It is portrayed that nurture or environmental factors plays a role that make euthanasia more appealing. In
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Judges do make law — it’s their job By Erwin Chemerinsky and Catherine Fisk Misleading and silly slogans about what judges do are dominating the debate about Supreme Court nominee John Roberts. President Bush and Republican politicians constantly repeat‚ as a mantra‚ that Roberts is a desirable choice because he won’t "legislate from the bench" and will merely "apply the law‚ not make it." But every lawyer knows that judges make law — it’s their job. In fact‚ law students learn in the first semester
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