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"Judges, when deciding cases…may be influenced by policy consideration and their own view as to what would be the best policy for the law to adopt".
Member rating: No Rating | Words: | Submitted: Mon Jun 19 2006
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"Judges, when deciding cases...may be influenced by policy consideration and their own view as to what would be the best policy for the law to adopt" According to 'Criminal Law'1, "the criminal law is still largely common law, that is judge made law." Is this an accurate description of the English Legal System? In theory judges do not "make" law, only interpret and apply principles previously laid down in statutes and in precedent. In reality however this is not always the case as this essay will discuss. Are judges influenced in their decision making? However easy it would be to believe this to be the case, this question is too broad and rhetorical to even consider, however what should be investigated is, by what judges are influenced in their decisions and to what extent this influence has over court proceedings. It has been suggested2 that public views on contentious issues in society may...
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