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Do Judges Make Law (a Cursory Look At The Recurring Question)
It is trite that the function of lawmaking for peaceful coexistence and orderliness in the society is vested in the recognized law making organ, in the Nigerian case being the National or States House of Assembly as the case may be. It is however evident in practical reality, due to the application of certain concepts like Judicial Review, Checks and balances amongst others and the evolution of the idea of case law and stare decisis that the law interpretation duty of the Judiciary and the legislative duty of law making appear overlapping. This seeming power usurpation on the part of the judiciary has been a subject of great debate for centuries. While some opine that the functioning of the judges is simply reflective of law interpretation others reason that judges are intruding into legislative business and accuse judges of judicial activism and a seemingly more objective school project that effective judicial functioning is inevitably linked to legislative functioning. In the mist of all these the judges themselves have taken both affirmative and dissenting stands and one wonders where to get answers the seemingly unanswered question Do judges make laws?
This work touches the practical and legal stand on the issue of whether Judges make laws giving cognizance to ex cathedral Statutory and Judicial authorities alongside scholarly arguments relevant to the issue.
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Do Judges Make Law (a Cursory Look At The Recurring Question)
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Department of Law
Do Judges Make Law (a Cursory Look At The Recurring Question)
It is common knowledge that the age long principle of Separation of powers allocates the governmental functions of law making, law implementation and law interpretation to the Legislative, Executive and Judicial arms of government respectively and each arm is to function independently without any unwarranted inter meddling.
It is trite that the function of lawmaking for peaceful coexistence and orderliness in the society is vested in the recognized law making organ, in the Nigerian case being the National or States House of Assembly as the case may be. It is however evident in practical reality, due to the application of certain concepts like Judicial Review, Checks and balances amongst others and the evolution of the idea of case law and stare decisis that the law interpretation duty of the Judiciary and the legislative duty of law making appear overlapping. This seeming power usurpation on the part of the judiciary has been a subject of great debate for centuries. While some opine that the functioning of the judges is simply reflective of law interpretation others reason that judges are intruding into legislative business and accuse judges of judicial activism and a seemingly more objective school project that effective judicial functioning is inevitably linked to legislative functioning. In the mist of all these the judges themselves have taken both affirmative and dissenting stands and one wonders where to get answers the seemingly unanswered question Do judges make laws?
This work touches the practical and legal stand on the issue of whether Judges make laws giving cognizance to ex cathedral Statutory and Judicial authorities alongside scholarly arguments relevant to the issue.
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E-Project Material Centre is a web service aimed at successfully assisting final year students with quality, well researched, reliable and ready made project work. Our materials are recent, complete (chapter 1 to Minimum of Chapter 5, with references) and well written.INSTANT ACCESS! INSTANT DOWNLOAD. Simply select your department, choose from our list of topics available and explore your data
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Guaranteed Delivery Getting your project delivered on time is essential. You cannot afford to turn in your project past the deadline. That is why you must get your project online from a company that guarantees to meet your deadline. e-Project Topics Material Centre is happy to offer instant delivery of projects listed on our website. We can handle just about any deadline you send our way. Satisfaction Guaranteed We always do whatever is necessary to ensure every customer's satisfaction
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E-Project Topics Material Centre will only provide projects as a reference for your research. The projects ordered and produced should be used as a guide or framework for your own project. The contents of the projects should be able to help you in generating new ideas and thoughts for your own project. It is the aim of e-Project Topics Centre to only provide guidance by which the projects should be pursued. We are neither encouraging any form of plagiarism nor are we advocating the use of the projects produced herein for cheating.
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Using our service is LEGAL and IS NOT prohibited by any university/college policies You are allowed to use the original model papers you will receive in the following ways:
- As a source for additional understanding of the subject
- As a source for ideas for you own research (if properly referenced)
- For PROPER paraphrasing ( see your university definition of plagiarism and acceptable paraphrase) Direct citing ( if referenced properly)