Would you agree that judges are free to make laws through the process of Statutory Interpretation?
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Would you agree that judges are free to make laws through the process of Statutory Interpretation? It is possible for judges to make laws through the process of statutory interpretation. The simple view of the law in this country is that laws are passed by Parliament and delegated legislation and it is the judiciaries role to simply enforce them. However this is a too simplistic view of the judiciary role. It take no account of the fact that many cases are not that straightforward and to apply the legal rules automatically may lead to an injustice. People who draft legislation often do so using general terms, their aim is to pass on to the judiciary what the legislation is supposed to achieve. This may sometimes be very difficult as words can mean different things when used in a different context and the meaning of words can change over time. Most cases...


