Do Judges Make Law Through Their Statutory Interpretation Role?

Do judges make law
through there
statutory
interpretation role

Table of Contents
INTRODUCTION............................................................................................................................3
MAIN BODY ..................................................................................................................................3
CONCLUSION ...............................................................................................................................7
BIBLIOGRAPHY............................................................................................................................8

INTRODUCTION
Judiciary play significant role in protecting the law and safeguards the right of an
individual. It main aim is to regulate and govern the activities within the society. Judge has
greater contribution in interpreting the statutes and applies the legislation to maintain the safety
and security of its citizens. The UK legal system is based on various sources of law which
includes Convention, agreement, statutes, judge made laws etc. The judge made is an
independent source of law that helps to make effective decision in an legal matters. The
common law system of UK is completely depend on judge made law and has developed over
time. Judges find out the actual meaning of the statutes as the definition given by the legislative
body1. They are responsible to interpret ate the words and the language of words to create legal
rules. This report will analyse the rules of interpretation of statutes and role of judges in
implementing those laws to give them true meaning.
MAIN BODY
The English legal system is based on the common law and has uncodified legislation.
Over time, the judge starts interpreting the law to give true meaning to the legal document. The
primary source of law has been developed by the judges through precedents. These precedent s
are usually followed by the inferior court to make judgement. Earlier, when there is no Act or
Parliament then the judge was applied their own mind and thinking to decide the serious matters.
The law of England and Wales has been evolved over many years which leads to development
and creation of various laws. Judges are the important part of UK legal system as they identifies
the legal intention and true sense of words while interpreting the laws. They are not only decide
the cases according o the available laws but also influence the laws through its applicability in
various cases. Statutes are introduced by the sovereign and Parliament which involves complex
procedure and ambiguity due to its area of concern. However, the statutes are generally tend to
ambiguous and vague. Now, judges make it more effective by using particular meaning and
word , comes to judgement to find the true meaning of the words. Thus, rule of statutory
interpretation was developed to identify the true spirit of the words used in the statue. Sometime
1 JEON S, 'The Constitutional Court’S Review On Judge-Made Law' (2021) 27 Korean
Constitutional Law Association