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Essay / Research Paper Abstract
This 19 page paper considers the role of statutory interpretation and the limits placed on the judiciary. Looking at a quote form Lord Diplock " When Parliament legislates to remedy what the majority of its members at the time perceive to be a defect or lacuna in the existing law (whether it be the written law enacted by existing statutes or the unwritten common law as it has been expounded by the judges in decided cases), the role of the judiciary is confined to ascertaining from the words that Parliament has approved as expressing its intention what that intention was, and to giving effect to it" the view expressed is discussed looking at the different forms of interpretation and the way the judiciary are limited or may be seen as rewriting the law. Numerous cases are cited to support all points raised. The paper is written with reference to English law. The bibliography cites 25 sources.
Page Count:
19 pages (~225 words per page)
File: TS14_TEstatintp.rtf
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Unformatted sample text from the term paper:
this reasons the role of the judges is not to make the law, but to make judgements based on the law that has been made and on how it is
interpreted, and little room given in term of that interpretation. The issue is not one of ensuring justice, but ensuring the law is upheld. However, when we look at the
operation of the judiciary there are many circumstances that indicate the judiciary also make some law through their interpretation of acts, Indeed, it is though former cases that common law
is established, which, although subservient to statutes, is still law and binding on lower courts. This is facilitated by the separation of the powers, meaning that judges do not
make the law. This gives the legal system integrity and protects those with the society it operates within. The origins of this limitation go back many centuries. The theory of
the separation of power owes its origins to Aristotle, but it was John Locke (1672-1704) who argued about Hobbes Single autonomous fount. Hobbes powers were Legislative, military and domestic
all in one Body (Collinson, 2000). Lockes basic disagreement was that these powers were already existing separately at least in the Constitution of Britain. He suggested that these powers were
separated in the following way Legislative - law creation. Executive - executing the laws. Federative - making treaties and war (James, 1985). Blackstone made certain references to checks
on the Government and also and independent Judiciary in his Commentaries of Laws in England. During his visit to England in 1729, Montesquieu, a French political philosopher (1685-1755) was
so impressed in the political liberty of this country that he undertook a major study of the preservation of the individual freedom. Resulting in his acclaimed book Espirit des lois
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