The role of judges in making law in Uk courts Essay

The role of adjudicate in making law in Uk courts - turn out ExampleThis principle of precedent is excessively known as stare decisis. This precedent should be created by a high ranking court and non from the courts of first instance. They are supposed to follow strictly the already existing law and precedents. Often these courts would be engaged in fact finding since they are non expected to hear full legal arguments of the parties. The courts administration documents and reports the decisions from 1865 in U.K. It is called now Incorporated Council of fairness reporting for England and Wales. It brings out The Weekly Law Reports and The Law Reports. The decisions that are taken as legal precedents shall study ratio decidendi quarter them. The ratio decidendi must be related to the law and not on factual findings. It can not also be obiter dictum mentioned as a passing reference while deciding the case and shall have no legal basis for future decisions. The ratio which is bi nding shall have legal principles and rules considered for finding a solution for the problem in the case. The obiter dicta however are treated as persuasive authority which posterior judges can use them for arriving at their decisions but are not bound to treat them as precedents.(UK law online)Precedent has a very important role in the common law. It ensures certainty and concurrence and logical progression and development in the law. At the same time it can be frozen and also complex - what is the law on a subject whitethorn be very herculean to find or to state as it is spread across many cases. So, many countries (especially in Continental Europe) prefer a codified system in which laws are set out in edict and cases which apply them may be illustrative but do not become binding. The law is also easier to find and to state and is rationally prospective rather than based on the chance event of litigation, which may give rise to laws based on extreme or unusual situations or unevenly argued cases. For example, here(predicate) is the offence of murder in US Federal Law. By contrast, the law of murder in England is contained in several cases, and even having read them there may be room for doubt. As for English law, the clean definition of murder is considered to be that given by master key Chief Justice Coke who (writing in the early seventeenth century) said Murder is when a man of sound memory and of the age of discretion, unlawfully killeth within any county of the realm any reasonable creature in rerum natura under the Kings peace, with malice aforethought, either expressed by the party or implied by law, so as the party wo, or disadvantage etc. die of the wound or hurt etc .within a year and a day of the same. (UK Law online)Blackstone stated in eighteenth century that court decisions were mere evidence of common law. (Commentaries pp 88-9) Later Lord Esher said in 1892 that there was no judge make law as such since the judges did not make law but only applied prevailing law not previously applied authoritatively (Willis v Baddeley) However these views are refuted by late professor Cross stating a rule stated in a precedent is law properly so called and law because it was made by the judges, not because it originated in common usage, or the judges idea of justice and public convenience (Cross R 1991 p 28) Cross holds that Lord Eshers view that application of existing law to new circumstances truly is similar to statement of