Discuss the statement below considering judge-made law, under the concept of strict separation of powers judges are
Question:
Discuss the statement below considering judge-made law, under the concept of strict separation of powers judges are merely declarers of the law."In truth judges make and change the law. The whole of the common law is judge made."-Lord Browne Wilkinson - Kleinwort Benson Ltd. v Lincoln City Council [1999] 2 A.C. 349 However, we have seen over the years that judges are known to make law, especially when the law is outdated, or when the literal interpretation of the law may lead to an absurd verdict. Discuss the concept of judge made law and the factors that would have led to the development of judge made law in the English Legal System over the years. Cite 5 relevant cases, and clearly illustrate the developments of the law by explaining the major points as laid down in the ratio and the obiter dicta.
Income Tax Fundamentals 2013
ISBN: 9781285586618
31st Edition
Authors: Gerald E. Whittenburg, Martha Altus Buller, Steven L Gill