Do judges make law essay

Do, judges, make, law, essays 1 - 30 Anti Essays

"Critical Analysis of the literal, golden mischief Rule.". "Critical Analysis of the literal, golden mischief Rule." LawTeacher. Vref1 Accessed Reference copied to Clipboard. Critical Analysis of the literal, golden mischief Rule Internet. Accessed ; available from: p? Cite weblastTeacher firstLaw urlp? Vref1 titleCritical Analysis of the literal, golden mischief Rule t datenovember 2013 accessdate locationNottingham, uk reference copied to Clipboard.

However, its inflexibility can also create injustices. The golden Rule wade tries to compliment the literal Rule by allowing judges to change the meaning of statutes in order to give justice. However, this infringes the separation of powers. The mischief line Rule gives the most discretion to judges and is suited to specific, often ambiguous cases. The rule allows statutes to be refined and developed. However, the increased role of the judge means that his views and prejudices can influence the final decision. Cite This Essay, to export a reference to this article please select a referencing style below: All Answers ltd, 'critical Analysis of the literal, golden mischief Rule' (t, july 2018) p? Vref1 accessed Reference copied to Clipboard. Critical Analysis of the literal, golden mischief Rule. Reference copied to Clipboard.

do judges make law essay

Law as Integrity, essay

The mischief Rule was used to interpret that the statute of 1861 was trying to combat backstreet abortions and therefore nurses fall within the 1967 abortion act. The main advantage of The mischief Rule is that it closes loopholes in the law and allows laws to develop. The main disadvantage is that it creates a crime after the event has taken place, which can be seen in the Smith v hughes (1960) case. It allows judges interests to apply their opinions and prejudices - an infringement on the separation of powers. When comparing the three rules there are differences and similarities. The literal Rule is the basis of all cases. By providing no scope for the judges input, it upholds the separation of powers and respects parliamentary supremacy.

do judges make law essay

Criminal Law Assignment Help, make, law, essay

The prostitutes were soliciting from windows, technically not a public place. The mischief Rule was applied to interpret that the prostitutes were doing what the statute was trying to abolish so they were convicted. The golden Rule was used to handle a dispute in the royal College of Nursing (RCN) v dhss (1981) case. Here the rcn challenged the involvement of nurses in abortions. Under the offences against the person (1861) it is an offence for anyone to carry out an abortion. However, the abortion act (1967) claims an absolute defence for medically registered practitioners to carry out abortions. Hormonal abortions are commonly administered by nurses.

Law, in Society, essay - 757 Words

do judges make law essay

Write my law essay

The golden Rule wont help if there is no absurdity in the statute. For example the london and North Eastern railway v berriman (1946) case, where the widow couldnt get compensation because the wording of the statute didnt allow for this circumstance. The mischief Rule, this rule gives judges the most discretion of all. The 4 principles to follow were expressed in heydons happy case (1584) which concerned a conflict over legal action against heydon for trespassing on certain land: What was the common law before the making of the Act? What was the mischief and defect for which the common law did not provide?

What remedy parliament hath resolved and appointed to cure the disease of the commonwealth? The true reason of the remedy; and then the office of the judges is to make such construction as shall suppress the mischief and advance the remedy. The rule is intended to rectify mischief in the statute and interpret the statute justly. The mischief Rule uses common law to determine how the statute is interpreted. In Smith v hughes (1960 the defendants were charged under the street offences act (1959) with soliciting in a public place.

So, the golden Rule is a modification of The literal Rule to be used to avoid an absurd outcome. The golden Rule was used in the r v allen case (1872). In this the defendant was charged with bigamy (s.57 of offences against the person act 1861) which, under statutes states: 'whosoever being married shall marry any other person during the lifetime of the former husband or wife is guilty of an offence'. Under The literal Rule, bigamy would be impossible because civil courts do not recognise second marriages, so The golden Rule was applied to determine that the word marry should be seen as to go through ceremony and the conviction was upheld. The golden Rule was applied in the Adler v george case (1964).

Under section 3 of the official secrets act (1920) it was an offence to obstruct hm forces in the vicinity of a prohibited area. Adler was arrested for obstructing forces whilst in a prohibited area. Under The literal Rule, adler was not in the vicinity of the area he was in the area and so was not infringing the terms of the act. The golden Rule was applied to extend the meaning of vicinity and avoid the possible absurd outcome. The main advantage of The golden Rule is that drafting errors in statutes can be corrected immediately. This is seen in the r v allen (1872) case where the loopholes were closed, the decision was in line with parliaments intentions and it gave a more just outcome. A major disadvantage of The golden Rule is that judges can technically change the law by changing the meaning of words in statutes. They can, potentially infringing the separation of powers between legal and legislature.

Buy essays online 100 original

The literal Rule can also wood lead to injustice. One example of this is the. In the london and North Eastern railway v berriman (1946) case a rail worker was killed whilst oiling a track; no stopping man had been provided. Under statute, compensation is provided on death of workers replacing or relaying track. The statute did not cover oiling and so compensation wasnt given. This can undermine public confidence in the law. The golden Rule, the rule was defined by lord Wensleydale in the Grey v pearson case (1857) as: The grammatical and ordinary sense of the words is to be adhered to unless that would lead to some absurdity or some repugnance or inconsistency with the.

do judges make law essay

In his speech at the appeal, lord keith proposed that: The word supply in its ordinary natural meaning, conveys the idea of furnishing or providing to another something which is wanted or required in order to meet the wants or requirements of that other.". Lord Goff dissented saying: "I do not feel able to say that either the delivery of goods by a depositor to a depositee, or the redelivery of goods by a depositee to a depositor, can sensibly be described as an act of supplying goods. This case shows the main problem with The literal Rule - that there can be disagreement over the literal meaning of statutes. The literal Rule can create loopholes in law, as shown in the fisher v summer bell (1960) case and the r v harris (1960). Similarly, the partridge v crittenden (1968) case used a legal loophole. The defendant placed an advertisement offering two bramble finches for sale (s.6 of protection of birds act (1954) makes it and offence to sell these birds). The advert was treated as an invitation to treat, not an offer for sale and the defendant was acquitted.

interfere. 2) Respects parliamentary supremacy and upholds separation of power. 3) Encourages drafting precision, promotes certainty and reduces litigation. There are disadvantages to The literal Rule. For example, in the r v maginnis case (1987 the defendant was charged with possession of a controlled drug with intent to supply under the misuse of drugs act 1971 (s.5). The defendant claimed that the drugs belonged to a friend who was picking them up later. The judge stated that handing the drugs back was supply. The case was upheld on appeal.

Under the offensive weapons act of 1959, it is an offence to offer certain offensive weapons for sale. Bristol shopkeeper, james Bell displayed a flick knife in his shop window. When brought to trial it was concluded that Bell could not be convicted given the literal meaning of the statute. The law of contract states that having an item in a window is not an intention of sale but is an invitation to treat. Given the literal meaning of this statute, bell could not be convicted. The arris case (1836 where the defendant interests bit the nose off the victim. The statute stated the offence was to stab or wound.

Antitrust, law, essay, bartleby

Reference this, statute law is law which is written and that is set in place by a legislature. Statute law may mba be used to extend, over rule or modify existing meanings of current common law. As well as this, entirely new laws can be created in statutes, there are three rules used when using statute law these rules are: The literal Rule, this rule is the basis of all court decisions in relation to statues. Here judges rely on the exact wording of the statute for the case. They dont interpret meaning. Lord Diplock in the duport Steel v sirs case (1980) defined the rule: Where the meaning of the statutory words is plain and unambiguous it is not then for the judges to invent fancied ambiguities as an excuse for failing to give effect to its. This definition says that a judge should not deviate from the literal meaning of the words even if the outcome is unjust. If they do they are creating their own version of how the case should turn out and the will of parliament is contradicted. One Example of The literal Rule was the fisher v bell case (1960).

do judges make law essay
All products 54 Artikelen
The judicial Power of the United States, shall be vested in one supreme court, and in such inferior courts as the congress may from time. Dahlia lithwick writes about the courts and the law for Slate and hosts the podcast Amicus.

4 Comment

  1. His objective was an accurate rendering. Bastiat's words and ideas into twentieth century, idiomatic English. In law and ethics, universal law or universal principle refers as concepts of legal legitimacy actions, whereby those principles and rules for governing human beings' conduct which are most universal in their acceptability, their applicability, translation, and philosophical basis, are therefore considered to be most.

  2. Jury nullification and the rule of, law, romans 2:14 For when gentiles who have not the law do by nature what is of the law, even though they do not have the law, they are a law to themselves. History of academic freedom In medieval Europe, universities were self-governing enclaves that were outside the civil law. Some of this isolation survives today in poorly articulated views that universities are somehow immune from law. The law was done by dean Russell of The foundation staff.

  3. Critical Analysis of the literal, golden and Mischief Rule. Questions to ask your Professor before the exam. Do you want the rule stated or should we incorporate the rule into the analysis? How many questions will there be on the exam?

  4. Is there a solution to anti-semitism? Philosophy of law : Philosophy of law, branch of philosophy that investigates the nature of law, especially in its relation to human. This essay has been submitted by a law student. This is not an example of the work written by our professional essay writers.

  5. Why are jews hated by so many people? Why are so many people anti-semitic? How and why did anti-semitism start?

  6. John Locke (1632—1704 john Locke was among the most famous philosophers and political theorists of the 17 th century. He is often regarded as the founder of a school of thought known as British Empiricism, and he made foundational contributions to modern theories of limited, liberal government. Most law professors and Supreme court commentators accept that personal values drive the justices to a great degree, but they have nevertheless resisted taking the step I wanted them to take.

Leave a reply

Your e-mail address will not be published.