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'Judges do not make law - they only declare it' Discuss.  

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Understanding Law (LLB) Assessed Coursework 2001-2002 'Judges do not make law - they only declare it' Discuss Illustrate your answer with reference to at least TWO of the following: (i) R v R; (ii) "The Case of the Speluncean Explorers" (Fuller, 1949); (iii) Ronald Dworkin's concept of law; (iv) The Pinochet case; (v) Lord Steyn's judgment in R v A (No 2); (vi) Hurley v Irish-American Gay, Lesbian and Bisexual Group of Boston The function of a judge in any legal system remains a true phenomenon even today. Barristers, solicitors, law students and the general public often question the precise role of a judge - puzzled over whether judges are authoritarian law-makers, or if their profession makes them mere declarers or announcers of the law. Various valid opposing arguments exist in this on-going debate; authors, solicitors, professors, and prominent legal thinkers from earlier centuries have, on many occasions, stated their own views ensuring that either...

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