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Do judges have too much power to shape and define the law?

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  • I don't believe this to be the case.

    Case law (or common law) allows judges to make adjustments, but mostly additions to the law concerning a specific area of law as a result of problems and inconsistencies in the law which have arose in multiple cases that they have dealt with.

    In the UK it is rare to find a judge that abuses this right for their own personal gain, as it is very hard to. Adjustments to the law that judges make are usually very small and are to make all ready existing law easier to apply to certain circumstances - circumstances which have been present in multiple cases with similar case facts and it has been hard to judge where the law applies and which law is the most appropriate to apply.

    And, as would be expected, there are multiple stages in which new proposed case law undergoes scrutiny and questioning as to determine whether the new proposed law is suitable, relevant and can be appropriately applied to the circumstances in which the original proposition arose from.


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