Open Access Research Article
“Relevancy of Judge made Laws in Legal Research” (By Miss. Gopa Chandra Mandal)
Published Paper
Article Details
The traditional judicial function
is to “interpret the Statute” with a view to carry out the intention of the
legislature that made the Statute. As per the basic structure of the
Constitution of India, Parliament enacts the laws, Courts interpret the law and
Government implements the law. Once an Act is passed by the Parliament, it has
to be interpreted by the Courts so that the law can be properly implemented.
The aim of the present socio-legal research work is to examine the purpose of Interpretation of Statute
and the basic rules of interpretation.
The Socio-legal research carries significance in the modern welfare
State, which envisages socio-economic information through law and thereby
perceives law as a means of achieving socio-economic
justice and parity. Through empiricism, socio-legal research assesses
‘rule and contribution of law’ in bringing the intended social consequences. In
this way it helps us in accessing the ‘impact of law’ on the social values,
outlook and attitude towards the ‘change’ contemplated by law under inquiry. It
also highlights the ‘factors’ that have been creating ‘impediments’ for the law
in attaining its ‘goal’. Socio-legal research renders an invaluable help in
‘shaping’ social legislations in tune with the ‘social engineering’ philosophy of the modern State and in
making them more effective instruments of the planned socio-economic
transformation.
Judge-made
law is very important for understanding law. An interpretation is placed in a
judgment and over a period, that judgment is followed as a precedent and is taken as ‘law’ for
all practical purposes. However, technically, Parliament makes laws and
Judiciary interprets and decides on the law. If an interpretation made by
Courts of Law is not what Parliament had in mind, Parliament can always amend
the law. Theoretically, law is made by Parliament and Court can only interpret
the same. However, this concept is no more true.
It is
essential that a judgment given should be followed in all subsequent cases, so
that a citizen knows what decision he can expect in a particular case. This is
also needed as a ‘Judicial
Discipline’. Doctrine of binding precedent has the merit of promoting a
certainty and consistency in judicial decisions, and enables an organic
development of the law, besides providing assurance to the individual as to the
consequences of transactions forming part of his daily affairs.[1]
So, what is binding is declaration of law under Article 141 and not what it
does under Article 142 to do complete justice.[2]
Article Information
“Relevancy of Judge made Laws in Legal Research” (By Miss. Gopa Chandra Mandal)
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- Journal IJLRA
- ISSN 2582-6433
- Published 2022/04/02
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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