Contract Law - The role of judges

What this page is about: This essay is about the role of judges in the English legal system.

The role of Judges in the English legal system is to interpret and uphold the law, as laid down in statutes by parliament, and to uphold principles of common law, such as reasonableness and fairness [1].

Judges may apply equitable remedies, which are discretionary remedies available in common law to ensure justice.  It is argued that judges also make law, in creating legal rules, changing interpretation of statute, and in light of social and moral changes [i.e. R v R 1991 REF2]. 

An important aspect of their role is that relating to EC Legislation and to the Human Rights Act 1998 incorporating the European Convention on Human Rights.  Statutes are to be read in conjunction with EC Law and where a statute directly conflicts, it's now accepted that judges are to apply the EC Law.  Legislation is to be read in conjunction with the Human Rights Act and if it conflicts, a judge will need to review whether the derogation is permitted or override the conflicting legislation [Unit 2, p.47 REF3].

The most senior judges, the Law Lords, also are involved in the creation of law as they can seek to influence Bills as they pass through parliament through the House of Lords. 

A further role of the judiciary in the legal system is to review the legality of ministerial actions or those made by statutory bodies. 

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