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Can judges be said to be free to make law through the process of statutory interpretation?
Member rating: No Rating | Words: 1060 | Submitted: Wed Jun 20 2007
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ASSIGNMENT B 1. Can judges be said to be free to make law through the process of statutory interpretation? The task of judges is to interpret the law, in order to apply it to specific situations. This process is called statutory interpretation. Statutory interpretation means the interpretation of law by judges. It is necessary because of the nature of the English language. Words and phrases in the English language are often ambiguous, even in clauses of law, and therefore judges are required to interpret law as they best think fits a specific situation. Later in this essay, I will describe examples of this requirement being worked out in practice. In the past, some judges such as Lord Denning have taken statutory interpretation rather too far. For example, Lord Denning claimed that it was his duty to "fill in the gaps" left behind, or so he perceived, in Parliamentary legislation. It is true that...
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