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Legal Forums » Legal » What Is a Judge-Made Law?
Started Dec 04 2012, 15:57
Posts: 1473 |
Dec 04 2012, 15:57
Case law provides a very important mechanism for permitting the system to evolve in conjunction with society, as judges confront cases legislators may not have expected, or face challenges to acts of legislation that seem to own dubious deserves. Judge-made law might expand the authority of a given law, as seen once a decide decides that AN existing law covers a state of affairs, if indirectly. It also can challenge, and generally reverse, the interpretation of existing legislation.
When a decide prepares AN opinion she is aware of can set a precedent, she musters up the maximum amount supporting info as attainable to shore up the choice and create it clear that although the interpretation is novel, the logic behind it's sound. this may embrace excerpts from opinions written by alternative judges, discussions of the intent behind given legislation, and bigger overviews of social norms and beliefs. within the us, for instance, a decide might use the Bill of Rights to support a case, difference of opinion that he would violate the rights during this document by decoding a case in the other means.
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