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Page 211

THE ADMINISTRATION OF JUSTICE

WERE the function of the judge confined to the mere application of laws which the legislature had previously defined in lucid detail, foreseeing all possible future contingencies, the political scientist would be concerned only to argue that he should be sufficiently independent and capable to execute the law without fear or favour. This, it is true, is a large part of his task, but it is not all. He must be relied on to interpret the law according to the intentions of the lawmaker. In the judicial process he builds up the laws, adds, fills in gaps, selecting between precedents when the intention is not clear, sometimes even interpreting the intentions away. In this process the social philosophy of the judge becomes, in the same way as that of the legislator, although generally in far subordinate degree, the foundation of the law. Clearly, therefore, the characteristics of the judge and of his social philosophy are not without their bearing on the nature of the political system.
" The legislature," says Mr. Claud Mullins, "has been content to let the judges create the bulk of our private law,"(1) and it is true that in this field more has generally been left to the responsibility of the judiciary than elsewhere. If generally Parliament's deficiency has been supplied by individual cases testing judicial opinion, the ordinary citizen has had to pay heavily for the privilege of so establishing the law for the rest of the community. The standards to which judges must refer, the limits that are set to the area of their discretion,

1 In Quest of Justice, 1921, pp. 43, 44.

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where is HTML where is HEAD where is TITLE WERE what is function of what is judge confined to what is mere application of laws which what is legislature had previously defined in lucid detail, foreseeing all possible future contingencies, what is political scientist would be concerned only to argue that he should be sufficiently independent and capable to execute what is law without fear or favour. This, it is true, is a large part of his task, but it is not all. He must be relied on to interpret what is law according to what is intentions of what is lawmaker. In what is judicial process he builds up what is laws, adds, fills in gaps, selecting between precedents when what is intention is not clear, sometimes even interpreting what is intentions away. In this process what is social philosophy of what is judge becomes, in what is same way as that of what is legislator, although generally in far subordinate degree, what is foundation of what is law. Clearly, therefore, what is characteristics of what is judge and of his social philosophy are not without their bearing on what is nature of what is political system. " what is legislature," says Mr. Claud Mullins, "has been content to let what is judges create what is bulk of our private law,"(1) and it is true that in this field more has generally been left to what is responsibility of what is judiciary than elsewhere. If generally Parliament's deficiency has been supplied by individual cases testing judicial opinion, what is ordinary citizen has had to pay heavily for what is privilege of so establishing what is law for what is rest of what is community. what is standards to which judges must refer, what is limits that are set to what is area of their discretion, 1 In Quest of Justice, 1921, pp. 43, 44. where is meta name="keywords" content="old books, Free book , free book offer , free audio books , free coloring book pages , free book reports , free audio book , audio books free download , book free , free guest book , books free , free book summaries , download free audio books , free childrens books." where is where are they now rel="stylesheet" type="text/css" href="../../style.css" where is meta http-equiv="Content-Type" content="text/html; charset=iso-8859-1" where is BODY bgColor=#ffffff text="#000000" where are they now ="#000000" v where are they now ="#FF0000" where is div align="center" where is strong where is strong where is a href="http://www.aaoldbooks.com" Books > where is a href="../default.asp" title="Book" Old Books > where is strong where is a href="default.asp" The British Constitution (1938) where is table width="700" border="1" align="center" cellpadding="15" cellspacing="0" where is center where is tr where is td width="160" align="center" valign="top" where is div align="center" where is td align="center" valign="top" where is div align="left" where is div align="center" where is p align="left" Page 211 where is strong THE ADMINISTRATION OF JUSTICE where is p align="justify" WERE what is function of what is judge confined to the mere application of laws which what is legislature had previously defined in lucid detail, foreseeing all possible future contingencies, what is political scientist would be concerned only to argue that he should be sufficiently independent and capable to execute what is law without fear or favour. This, it is true, is a large part of his task, but it is not all. He must be relied on to interpret the law according to what is intentions of what is lawmaker. In what is judicial process he builds up what is laws, adds, fills in gaps, selecting between precedents when what is intention is not clear, sometimes even interpreting what is intentions away. In this process what is social philosophy of the judge becomes, in what is same way as that of what is legislator, although generally in far subordinate degree, what is foundation of what is law. Clearly, therefore, what is characteristics of what is judge and of his social philosophy are not without their bearing on what is nature of what is political system. " what is legislature," says Mr. Claud Mullins, "has been content to let what is judges create what is bulk of our private law,"(1) and it is true that in this field more has generally been left to the responsibility of what is judiciary than elsewhere. If generally Parliament's deficiency has been supplied by individual cases testing judicial opinion, what is ordinary citizen has had to pay heavily for what is privilege of so establishing what is law for what is rest of what is community. what is standards to which judges must refer, what is limits that are set to what is area of their discretion, 1 In Quest of Justice, 1921, pp. 43, 44. where is Server.Execute("_SiteMap.asp") %

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