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Essay / Research Paper Abstract
A 19 page research paper that explores the statement that while judges do not have the power to create law, they can effectively "declare" law. To support this thesis, the writer turns to the case of the Speluncean Explorers, the Pinochet case, and Hurley, v. Irish-American Gay, Lesbian and Bisexual Group of Boston. Bibliography lists 6 sources.
Page Count:
19 pages (~225 words per page)
File: D0_khbritj.rtf
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Unformatted sample text from the term paper:
are the direct descendants of English Common Law, such as the Canadian and American legal systems. However, within all of these systems, judges do have the ability to highly
influence the manner in which laws are interpreted and carried out. Essentially then, it can be said that while judges do not make law, they can declare it. The statement
can be demonstrated through several examples of British case law; however, before delineating the details of these cases, it is instructive to understand some basic principles of the British legal
system, and the powers of British judges, in general Background on British Legal System The judicial system in Britain possesses some distinctive features that distinguish it from those systems found
in other democracies and this difference is largely a result that can be traced directly to British history. For instance, written constitutions, that is, "compacts between people and their governments...that
describe the governmental machinery, the rights of the people and the obligations and powers of government" -- were a product of the Enlightenment and did not exist as we know
them today prior to the eighteenth century.1 Unlike France -- or its former colonies in North America -- Great Britain never had a post-Enlightenment radical break with its past.
Therefore, England never developed a comprehensive compact between the government and the people.2 Because of this, Britain has no written constitution, as such, but rather depends on a number of
traditions that function in a manner similar to a written constitution. English law and English governance are constituted of multiple structures, laws, and customs that are connected to certain common
values and beliefs that the majority of the people hold toward representative government and the principles of individual freedom.3 Not surprisingly, the English legal system reflects the complexity of English
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