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Words: | Submitted: Mon Jun 19 2006
... that the statement is in fact valid. I will also review a number of specific cases where there is convincing evidence that the statement is incorrect and where new laws have indeed been made by judges. Therefore, my personal conclusion rests firmly in the notion that judges have the power, control and ability to not 'only' declare the law, but also in 'hard cases', also to make new law. When considering either perception of a judge's role within the legal system it remains of the utmost importance never to lose sight of the difficulties, complexities and intricacies that judges are faced with in their individual cases on a daily basis. Judges do not have an easy job, they do exactly what the rest of the community seeks to constantly avoid - make decisions. Gone are the days when a Manhattan court judge could decide the defendant's jail sentence length simply on ...
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