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Words: 1,060 | Submitted: Wed Jun 20 2007
... in complete contradiction with the recognised duty of judges to uphold the supremacy of the elected Parliament in a democracy such as the United Kingdom. Judges are not elected, they are appointed by the Lord Chancellor and as such they do not represent the electorate's decisions. They may play an important part in the outworking of United Kingdom law, in applying it to individual cases, but this is as far as their powers go. Judges simply do not possess the power to modify laws that already exist and they certainly do not have the capacity to create new laws. Statutory interpretation is governed by various statutes, the most significant being the Interpretation Act 1978 which was designed to clarify certain ambiguities in the English language as used in statutes, in order to make interpretation of such terms consistent. For instance, it instructs judges to presume that terms in the masculine ...
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