Judges and Legislature: Values into Law
نویسنده
چکیده
The legislature gives effect to the values of democracy and compromise in a pluralist society, but the legislation it produces is mediated in its application by the values inherent in the legal culture into which it is received. The judges complete the law promulgated by Parliament by applying it. In articulating the common law also, the judges act within the bounds of objective standards supplied by legal and political traditions, with a limited legislative role. The legislative role of the judges in applying statutes has been enhanced by the interpretive obligations applicable in areas where EU and ECHR law operates.
منابع مشابه
Fundamental Principles Regarding the Guarantee of the Principle of Judicial Impartiality in the International System and the Law of Iranian Law
The principles of independence and impartiality of the Judiciary is one of the most important grounds to achieve a fair trial and to ensure the rights of citizens in the proceedings, the principles which are inevitable for the existence of a judiciary whit fair and equitable judges. These principles have recognized in the vast majority of domestic legal systems as well as international legal re...
متن کاملA Primer on the Civil-Law System
A Primer on the Civil-Law System councils of state. In Germany and countries that follow its model, special administrative courts have been created. In theory, ordinary court and administrative court jurisdiction is separate and exclusive, but disputes arise. In France, a special Tribunal of Conflicts decides which is the proper court for a disputed case. In Germany, the court in which the case...
متن کاملAuthorization Required: Veterans Treatment Courts, the Need for Democratic Legitimacy, and the Separation of Powers Doctrine
What limits do judges have when creating specialty courts such as Veterans Treatment Courts (“VTCs”)? Many states have virtually no limits. I argue that states should enact legislation authorizing the creation of VTCs to maintain democratic legitimacy and ensure that the judiciary respects the separation of powers doctrine. VTCs represent an innovative and courageous approach to treat and rehab...
متن کاملMentally Retarded Persons Offences; Causes of Crime and Prevention from the Perspective of Police Officers, Lawyers and Judges
This study aims to identify and prioritize the most serious crimes committed by mentally retarded people, causes and factors to prevent the commission of a crime from the perspective of police officers, lawyers and judges are doing... -member , which included set high standards seventh. Results: Results of this study showed that Lowest and the most frequent crimes committed by mentally retarded...
متن کاملFrom decriminalization to infringementlism (comparative study)
The entry of the government into the circle of permissible behaviors and the criminalization of some of them have certain bases. The mere fact that the norm is fundamental is not a reason for criminal intervention. Because the norms are not equally important, the legislature cannot treat them all the same, because the subject matter of all prohibited behaviors is different, and the proof of thi...
متن کامل