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Paper Topic:



Of late there has been lot of debate about the role of judges when it comes to making ' law . Any law book would give you the definition of a judge as the one who applies the law ' that has been laid down by our constitution . It would be interesting to note that in spite of such clear characterization , judges have over and over again made ' laws The question that arises is : Are they entitled to such privileges Definitely not . However , when facing with a prospect which had no precedent , how is

the judge going to deliver justice

Societies change and so do cultures with passing time . Issues which were unthinkable centuries back are a common sight today . Take for example gay marriages . There is no ruling regarding such marriages as those were unconceivable back then . Yet today there are so many cases in court dealing with homosexuality . How the judges are supposed to judge in such cases ? These are the classic examples where bench legislation ' is quite acceptable . Judges should make ' laws if it is relevant to the present times . Century-old legislations can 't be applied to every generation as every generation has different needs and different way of looking at things . Nevertheless , the judge 's first and foremost concern would be to follow the rules laid before him /her and evaluate with the years of experience he /she has . The liberty to make ' law should come into picture only when there is a threat of infringement of basic rights like life , freedom , etc

Moreover , though the bench legislation ' is favored in certain conditions , it would also be dependent on the particular judge 's inclination with regards to his political and religious affiliations Judges are supposed to be impartial . Still a high degree of risk is involved when an individual goes about making ' laws . The only faculty he uses is his rational being and rationality for each one of us is different ! That 's why it would be advisable if judges would refrain from the task of making ' laws . As an alternative , it would be proper if they stick to the basic definition of the position they hold - Apply law to the best of circumstances ' and do so till there is no law that fits the circumstance

Works Cited

Pearcey , Nancy , Why Judges Make the Law : The Roots and Remedy of Judicial Imperialism , Dec 1 , 2000 . Human Events...

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