The judge and social law: jurisprudential policies in interpreting and making laws

Abstract

Attempts to analyse the role of the judge in interpreting statute law. Looks at the traditional British rules of interpretation, presumptions and jurisprudential policy in the construction of statutes. Examines the dramatics change of attitude by British judges necessitated by European law and provides some thoughts on the interpretation and construction of enactments by judges. Continues by covering the judge’s interpretation of common law through the doctrine of judicial precedent, with regard to the hierarchy of the courts and persuasive precedents. Cites a number of case examples.

Citation

Carby‐Hall, J. (2002), "The judge and social law: jurisprudential policies in interpreting and making laws", Managerial Law, Vol. 44 No. 3, pp. 7-26. https://doi.org/10.1108/03090550210770498