LAWS 1000 Lecture Notes - Lecture 9: Use Case, Inquisitorial System
9 Feb 2018
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Judges do not make the law; they work with it: so we follow the rule of law and not the rule of men. Judges- questions of law: supreme court binds everybody. If a law comes from the supreme court, no one can change it. Atiyah: theoretically clear, but in practice it is not, if you are having your case in lower courts it is being judged by less people than in higher courts. Law does not change over time: law changes case by case (bunch of cases, change over a series of decisions (cluster of decisions. Law is always trying to secure its formal existence: make sure it"s (cid:374)ot the sa(cid:373)e thi(cid:374)g as (cid:373)orality, tries to get around questions of interpretations. If this were the case, law would have no humanism, and no empathy, it would be a stale form of law: says judges really do make the law up, law is a sham anyway.
