Essay
D2 evaluate the role of the judiciary in the formulation and interpretation of legal rules.
- Institution
- PEARSON (PEARSON)
D2 BTEC Business Level 3 Extended Diploma Unit 23
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Evaluate the role of the judiciary in the foundation and theinterpretation of legal rules
1.0 TERMS OF REFERENCE
1.1. On Tuesday 27th of February …asked me to create a report which analyses
and explains the roles of the judicial interpretation in the foundation of the British
legal rules.In this report it would be explained the judge’s roles when interpreting
statute and creating law through judicial precedent, also the explanation of the
advantages and disadvantages of a judge’s role in each stage by making links to
parliamentary supremacy and the need for flexibility in the law.In addition it would be
explained what would happen if a judge were not able to create law by using cases
and Acts to support my work.
In other words in this assignment it would be evaluated the ways a judge is
implementing the laws in order to resolve a dispute by applying British legal system.
2.0 PROCEDURE
2.1 In order to write this report I will use the following information: -
- the notes from my classroom
- the information from P8 and M3
- the internet sources about the judicial interpretation and its procedure of making
3.0 Findings
The judiciary is a sector of the British government which is using the justice in the
right way based on the law system.The term ‘’judiciary’’ is used mainly to the courts,
judges, magistrates and other support personnel who is linked to the legal system.
Therefore the court is using the judiciary according to the law in order to hear
cases ,settle disputes and punish lawbreakers according to the law.Furthermore in
United Kingdom the judicial system is the most important factor as it is the key to the
democratic life by upholding peace in the society, order and a good government
environment.The society looks to the judiciary to uphold their rights and governments
look to the courts to interpret laws. The judiciary must act without fear of powerful
interests, and without favouring individual parties. That's why a court’s ability to
deliver justice depends on its power to enforce its rulings. Only a court of appeal can
overturn the ruling of a lower court.
3.1 Explain judge’s roles when interpreting statute and creating law through
judicial precedent based on real cases
One of the oldest ways of making laws is the judicial precedent as it is stated that
are already more than 400,000 reported cases of precedents that the courts has to
follow. As a result the precedent are made by the judges from the past and from the
moment as new cases are appearing and new decisions has to be made.Therefore
the precedents are usually created in the higher courts by senior judges furthermore
the lower judges must than follow them based on the hierarchy , the highest in the
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