“Judges (courts) do not ‘make’ law but merely interpret the law.”
The famous quote, “Justice is the tolerable accommodation of the conflicting interests of society, and I don 't believe there is any royal road to attain such accommodation concretely” [Hamburger: http://www.quotegarden.com/justice.html (Downloaded 20th March 2016)] can be considered for interpreting that “Judges (courts) do not ‘make’ the law but merely interpret the law” as practically law is ruling our daily life as “the critics of legalism would have judges decide cases of constitutional validity solely in accordance with whether they consider the proposed legislation to be desirable for the country, thus producing judicial tyranny (Menzies quoted in Stellios) and others …show more content…
The principle that the legislature, the executive and the judiciary should as far as possible remain functionally separate. Legislature has the legislative power which is the power to make law which in Australia lies with Federal Parliament and various State and Territory Parliaments. The law made by a parliament is called legislation, a statute, or an Act of Parliament. Executive power is the power to administer the law. It is exercised by the executive, which in Australia consists of a Prime Minister, a Premier or a Chief Minister or other ministers (within the related government’s i.e. Federal, State or Territory governments). Judicial power is the power to interpret the law. It is exercised by the judiciary, that is, the system of courts. In some countries the power of the judiciary is limited to interpretation of the law made by legislature, while in Australia and other common law legal systems the judiciary plays a more active role in the creation of law of the doctrine of precedent. Hence, one arm of government should not control or interfere or exercise a function of another arm. (James N., Business Law, 3rd Ed,
The famous quote, “Justice is the tolerable accommodation of the conflicting interests of society, and I don 't believe there is any royal road to attain such accommodation concretely” [Hamburger: http://www.quotegarden.com/justice.html (Downloaded 20th March 2016)] can be considered for interpreting that “Judges (courts) do not ‘make’ the law but merely interpret the law” as practically law is ruling our daily life as “the critics of legalism would have judges decide cases of constitutional validity solely in accordance with whether they consider the proposed legislation to be desirable for the country, thus producing judicial tyranny (Menzies quoted in Stellios) and others …show more content…
The principle that the legislature, the executive and the judiciary should as far as possible remain functionally separate. Legislature has the legislative power which is the power to make law which in Australia lies with Federal Parliament and various State and Territory Parliaments. The law made by a parliament is called legislation, a statute, or an Act of Parliament. Executive power is the power to administer the law. It is exercised by the executive, which in Australia consists of a Prime Minister, a Premier or a Chief Minister or other ministers (within the related government’s i.e. Federal, State or Territory governments). Judicial power is the power to interpret the law. It is exercised by the judiciary, that is, the system of courts. In some countries the power of the judiciary is limited to interpretation of the law made by legislature, while in Australia and other common law legal systems the judiciary plays a more active role in the creation of law of the doctrine of precedent. Hence, one arm of government should not control or interfere or exercise a function of another arm. (James N., Business Law, 3rd Ed,