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In interpreting statutes and the Common Law, the judiciary are creating the law rather than simply acting as adjudicators. Discuss.
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In interpreting statutes and the Common Law, the judiciary are creating the law rather than simply acting as adjudicators. Discuss. Montesuieur's De L'Esprit des Lois 1748 put forward the theory of separation of power which identified three functions of the state; Model 1: Three functions of the state Legislative Executive Judicial Making the law Administering the law Applying the law Parliament Cabinet Judges To simplify the usefulness of Montesuieur's theory is that, it seeks to demonstrate the clear demarcation between the functions i.e. legislators equals creator and Judiciary equals adjudicators. For the purpose of this essay it is the subtle interrelationship of the legislative and judicial organ that seeks to ascertain whether judges merely act as adjudicators as oppose to creators of the law. In essence, the dominant form of law making is legislation in the form of Statutes. If legislation is considered superior to everything else (excluding EC Law) then surely the premise holds true that law has already...
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