Question
Legal Project Management on Common Law Legal System in Uk and Singapore 'The common law is judge-made law. For centuries judges have been charged with
Legal Project Management on Common Law Legal System in Uk and Singapore
'The common law is judge-made law. For centuries judges have been charged with the responsibility of keeping this law abreast of current social conditions and expectations. That is still the position. Continuing but limited development of the common law in this fashion is an integral part of the constitutional function of the judiciary. Had the judges not discharged this responsibility, the common law would be the same now as it was in the reign of King Henry II. It is because of this that the common law is a living instrument of law, reacting to new events and new ideas, and so capable of providing the citizens of this country with a system of practical justice relevant to the times in which they live.'
(National Westminster Bank v Spectrum Plus (2005) 2 AC 680, Lord Nicholls at para 32.)
With reference to the above statement, critically analyze judicial law-making in the United Kingdom and Singapore. Identify and analyze the circumstances where judges would or are reluctant to make new laws. Must support our legal arguments with reference to the relevant case law.
Please explain the following. Your explanation must come with references and citations:-
When do judges refrain from judicial law making?
- separation of powers > cases where the courts have refused to decide due to political/policy reasons
Please give all with citations and references.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started