Business Law 121G (Auckland University) Essay 2022

Running header: Law 121G (Auckland University)
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Corporate/Business Law
Law 121G (Auckland University)
(Name)
(Admission number)
(University)

Running header: Law 121G (Auckland University)
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Essay Topic “Judges should work to ensure that the outcome of each case is fair and accords
with society’s values. This means that, at times, the role of judges should be to change the law
rather than just strictly applying the existing law”.
This essay sets out in support of the argument that judges should work to ensure that the outcome
of each case is fair and according to society's values. There are times when the role of judges
should be to change the law rather than just strictly and blindly apply the existing law. There is
no doubt that judges belong to the justice system whose origin has many theories including a
way to ensure harmony, given from a supreme being and a way of ensuring fairness. Justice has
been placed in the hands of judges who are mandated to ensure that privileges and opportunities
are in tandem with what people deserve as members of the society. The same justice system bars
people from seeking justice on their own and leaves it at the discretion of judges1. The judges are
therefore have a duty to ensure that the society's values are upheld in their judgments even if it
means that they have to change the law. Fitzgerald v Muldoon will be used to bring out this
essay.
Law ensures that citizens of a country have access to vital services. This is the case even though
equality is a principle that has to be held much longer by society2. Whenever any of the citizens
feel that they are aggrieved whether it is by a civil wrong or a criminal wrong then they will go
1
Te Heuheu Tukino v Aotea District Land Board 1941
2 Constitution Act 1986