The legislation is a vital as well as inherent part of the judicial responsibility which helps to balance power representing constituencies and making laws. The bill, however, raises a broader implication emerging with the principles of universal laws. Abdication of judicial responsibility for judges might conflict with the ideas of the rule of law and the separation of power given the fact that this grossly understates the impact of legislation as well as overemphasizes the contrasts along with boundaries between legislation and common law at the expense of their mutual influence, continuities, and similarities. This reflects the way in which applications of different statutes tends to start as well as end with the nature of pertinent provisions. A common law contrasts markedly with the rich diversity of ways in which court decisions are treated. From a traditional point of view, cases have been approached in a manner of their contribution to the evolution of legal principles.
In an important sense, the statute may in other senses be considered inferior to common law. Judges acknowledge the superiority of the legislature but at the same time, the principled constraints operating on private law are treated as not applying to the legislature as was the case of Prescott v Birmingham Corp. [1954] 3 All ER 698 . The relations between legislation and court rulings are far more complex and take place at far more levels. As a point of fact, the bill remains peripheral in the description given the fact that interaction between the rule of law and separation of powers are seen in very narrow terms. The law process is ideally applied in a manner in which the judges could produce the necessary changes. Myers v. United States, 272 U.S. 52 (1926) showed how the concept of legislation is a term on the lips of many people across the political spectrum. Judicial abdication occurs whenever a court refuses to enforce meaningful limitations on government power. Many courtyards have declined to impose even explicit constitutional limits on government supremacy because judicial abdication puts a important thumb on the extent for the state. The engagement of the legal is judges fulfilling their conscientiousness to interpret as well as apply the Constitution itself. The idea of relying on bad model as an excuse not to make tough decisions imposing their opinionated preferences as well as judicial viewpoints conflict with the perception of the rule of law and separation of powers.
An abdication of legal responsibility for judges conflicts with the ideas of the rule of law and segregation of powers in the sense that it fail to abdicate their responsibility to apply faithfully the great charter of liberation we call the constitution. It is evident that various equitable wrongs are frequently unnoticed in both substantive as well as procedural statutes. The process that produces legislation usually reflects a multifaceted mixture of deliberation based on policy, principles and politics from which they emerged and are often political compromises. Judges should employ the facts of each case and have need of the government to substantiate its actions with authentic reasons backed by valid evidence.
Universal laws regarding application and informing statutory interpretation are less recognized by courts and less potential influence of statute on the continuing development of the common law. The use of the common law was regarded as a consumer regime which is protecting vulnerable parties from hardship arising from contracting.
The legislation is more appropriate in the sense that it shapes the overall position of the statute having in mind the extensive collection of traditions in which laws, as well as cases, interact and influence each other. Fundamentally, the force of legislation creates a regulatory structure that is significant in the abdication of judicial responsibility for judges. Bill presents a more accurate picture of the process of legal responsibility since statutes law at times represent a single complex phenomenon shaped by joint actions of courts whereby each is a collective influence as well as a standard limitation. As a point of fact, legislation plays a vital role when creating a regulatory structure. For instance, the case of Fisher vs. Bell concerning the requirement of offer and acceptance in the formation of a contact is established as the primary component of displaying how goods together with the price are dealt in the legislation process of the case.
Legislature being the body of making laws is worth considering when formulating rules, reviewing as well as adopting a state has a particular significance. The legislature oversight role is worth considering in the sense that government monitors the application as well as effect the laws it has enacted. An abdication of judicial responsibilities for the judges has an opportunity to participate in the process of lawmaking given the fact that it takes place within the legislature. Legislature welcomes diverse perspectives not only from organized groups but also from an unorganized individual which is an integral part of the process. Therefore, the legislature is a crucial component of law-making processes, and that is why judges decline common law.
Bibliography
A. Burrows, 'The Relationship between Common Law and Statute in the Law of Obligations’ (2012) 128 Law Quarterly Review 232, 258
Bailey, Stephen H. Cases, Materials and Commentary on Administrative Law. London: Sweet & Maxwell, 2005.Top of Form
Calabresi, Guido. A Common Law for the Age of Statutes. Cambridge, Mass: Harvard University Press, 1982. <http://site.ebrary.com/id/10313840>.
Freeman, Jody, and Martha Minow. Government by Contract: Outsourcing and American Democracy. Cambridge, Mass: Harvard University Press, 2009.
