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'The role of the judge is to declare what the law is, and not make it'. Discuss this statement with reference to the theory and practice of both statutory interpretation and the doctrine of precedent.
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ELIM COURSEWORK Usana parmar ' The role of the judge is to declare what the law is, and not make it'. Discuss this statement with reference to the theory and practice of both statutory interpretation and the doctrine of precedent. The judge's role is to interpret and declare the law from Acts of Parliament. The eighteenth - century legal commentator William Blackstone stated that judges do not make law, they merely follow the rules of precedent, discover and then declare the law which had always been there: ' the judge being sworn to determine, not according to his private sentiments... not according to his own private judgement, but according to the known laws and customs of the land: not delegated to pronounce a new law, but to maintain and expound the old one'. In other words, this means that judges should theoretically make their decisions based on the logical deductions of precedent and...
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