What is the role of judges and does their role allow them to be creative within the English Legal System?

What is the role of judges and does their role allow them to be creative within the English Legal System?

What is the role of judges and does their role allow them to be creative within the English Legal System? The roles of judges are clearly defined on the rule of law. Lord Esher supports this perspective by insisting that the parliament is the only body with the mandate of making the law. Therefore, the judges proceed to interpret the law. The English legal system integrates the judicial precedent set of guidelines. These guidelines state that the court decision in any legal proceeding follows the decisions made in an earlier comparable case. It spans from the need to institute a universal law all over the land. The key benefit of English Legal system is its predictability and firmness because the judges have certain laws that they interpret. This directive enables the judge to conduct criminal and civil trials in the court. In civil courts, they have a role of establishing the outcome of the criminal and civil trials in the English courts.[1] After concluding on the outcome of a civil case, they proceed to allocate damages to the plaintiff. However, such decisions are exempted in the case of malicious trial, insult, libel and false detention.

The parliament or precedent doctrine emphasizes that the lower courts judge should adhere to the higher courts decisions. One judge must abide by the decision unanimously made by more than one judge on the same panel. Despite of the fact that the court is the key guiding principle in decision making, the law requires the judges to specify the reasoning behind their decisions.[2] This approach is emphasized in the event whereby the decision made varies with the decision made previously for a similar case.

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