Constitutional Validity Of The Law Essay

2219 Words Apr 9th, 2016 9 Pages
“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 complain that the judicial supporters of legalism either fool themselves into believing that they are reaching their decisions by a process of deductive reasoning from the words of the constitution or else are arriving at them as a result of considerations that they refuse to disclose. Certainly some judicial statements appear to support those who claim that some judges take a very simplistic view of the judicial task.” [Stellios J., Zines’s The High Court and The Constitution, 6th Ed, (The Federation Press, 2016), P.640]

Explanation with reference to The Doctrine of Separation of Powers:
Law is made in Australia by several sources and there are people who are specifically appointed by legal way for interpreting the law on case to…

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