Do Judges Make Law or Merely Interpret Laws?

3004 Words13 Pages
Do judges make law or merely play a role in interpreting law? Discuss Judges do both. Judges interpret the statue law and they make the common law. There are two types of law one would be the primary law, which is also known as the statue law and the secondary law, which is also known as the common law. For the primary law it is created by the legislature, which is the parliament as the parliament has the power to make the statue because the people elected them. So the judges interpret the primary law, which was created by the legislature. For the secondary law, which is the common law, the judges make this common law base on the cases and it is developed extremely slow and cautious and incremental bit by they would need to…show more content…
Based on the case Inland Revenue Commissioners v Hinchy, which was about how Hinchy’s lawyers were fighting for his case against the House of Lords. Hinchy’s lawyers argued that the Income Tax Act in 1952 in section 25(3) of the act stated that a person found guilty of tax avoidance should ‘forfeit the sum of 20 pounds and treble the tax which he ought to be charged under this act’ meant that a person would only be required to pay 20 pounds plus treble the amount of the tax he avoided. But using the literal rule, the House of Lord interpreted that the act meant that a person who avoided the tax should pay 20 pounds plus treble his whole tax bill of the year. Due to this decision by the House of Lord other courts have to adhere to this decision made by them and so this was extremely terrifying for the rest of the people who avoided tax. In my opinion, I feel that judges in other court should not totally adhere to or follow what House of Lords did as they should try their cases on a case to case basis as some people may have been paying their tax on time but just miss out that one time and they were so heavily fined for that few dollars. They could be fined treble the tax they missed instead of treble the whole year’s tax just because they missed one. Or they could interpret the act differently. The second approach would be the golden rule, which is also known as the purposive approach. This approach focuses on why the law was created and what did the

More about Do Judges Make Law or Merely Interpret Laws?

Open Document