Question

Are judge-made laws an ultra vires act of the judicial branch? Should the courts simply interpret laws rather than create new ones, even if there is a legislative gap? Make sure to use at least one reference to support your argument in your response

TAhis question is a government one please help

Answer 1

Every member or part of the judicial system is bound to rules and regulations and no one even Chief Justice is not exempted from the confinement of judiciary. The laws made by judges are done within the ambit of judicial principles and rules, he has no absolute authority where laws he made will be beyond one's legal power or ultra vires. Every branch of the government from the judiciary to legislature ha to abide by the very constitution of the land and no one has been given the absolute power to trample the other branches. The courts are the protectors of the Fundamental rights which they do so by interpreting laws and not by the creation of laws which is the work of the legislature. If courts start creating laws it will be a kind of breach of the balance that is struck between legislature and judiciary, courts as lawmakers will decrease the power of legislature elected by the people. The lawmaking process on courts will overburden them with the work which will make justice less speedy.It can be understood in the context of India where courts especially supreme court is the protector and interpreter of the rights whereas the legislature is the lawmaking body, the court can turn a law null and void if it is against the very principles of the fundamental rights or violating the rights. These both branches can't interfere in each other work, they have the separate domain of their workings that makes governance smooth and transparent.