Examine the Controversy that Surrounds the Question of What Judges are Doing When They are Deciding Cases

Examine the Controversy that Surrounds the Question of what Judges are doing when they are deciding Cases. If we accept the hypothesis, that judges do indeed make law through their decisions, we need to look closely at the judges themselves to decide whether they are capable of performing that function. Judges are not, in this country, elected, as are the other law-makers (the legislators). If judges had no law-making role, then the uncertainty over judicial decision making would not arise; it would not matter whether the judiciary was representative of the society within which it operates, or whether it was capable of acting impartially. Lord Denning stated that: "Every judge on his appointment discards all politics and all prejudices. You need have no fear. The Judges of England have always in the past - and always will - be vigilant in guarding our freedoms. Someone must be trusted. Let it be the Judges."1 However, if judges were simply applying the law when making decisions, then it would not matter who was fulfilling that role, because, everybody would reach the same decision in every case, unless a judge happened to misapply the law, in which case another court could put him right. But judges reach very different decisions upon the same facts; there is no common agreement as to what the law is, and Hart argues that in many cases the judges are not only applying the

  • Word count: 3944
  • Level: University Degree
  • Subject: Law
Access this essay

Petrol - In its crude state, petroleum is a virtually useless material.

Petrol In its crude state, petroleum is a virtually useless material. However when refined, the hydrocarbons it contains supply almost half the world's current energy needs and are the starting chemicals from which about 90% of the worlds organic chemicals are made. Fractional distillation is the process by which the different fractions in crude petroleum are separated according to their boiling points. One of the fractions obtained is naphtha. Further fractionation of naphtha yields petrol (C - C alkanes). In the internal combustion engine, a piston compresses a mixture of air and petrol vapour. At the point of maximum compression, an electrical spark ignites the petrol/air mixture and rapid combustion occurs. A typical reaction would be the combustion of octane: The hot gaseous products expand against the piston and force it downwards. This mechanical energy is transmitted to the drive wheels of the car, enabling it to move. Petrol also contains various additives such as lubricants, rust inhibitors and anti-knock agent. Some hydrocarbons have a tendency to ignite spontaneously before maximum compression is achieved. This premature explosion, known as knocking, still forces the piston downwards and powers the vehicle. However, the chemical energy in the petrol is less efficiently converted into mechanical energy. As a result, the vehicle will do fewer miles per gallon.

  • Word count: 791
  • Level: GCSE
  • Subject: Science
Access this essay

An essay to trace the changes in the character of John Proctor with reference to his portrayal in Nicholas Hytner's film of 'The Crucible'.

Thomas Henesey 11.O 19th October 2002 An essay to trace the changes in the character of John Proctor with reference to his portrayal in Nicholas Hytner's film of 'The Crucible' In this essay I will trace all of the key moments in the play 'The Crucible' that change the character of John Proctor. This essay will comment on the way that Daniel Day-Lewis plays John Proctor in Nicholas Hytner's film of 'The Crucible'. The first time we encounter John Proctor in the play is when Betty Parris is ill. John Proctor shows his power by telling Mary Warren to go home. This really shows the control that he has over her and that he has respect in the village. Now we see the first section with Abigail. It is done differently in the film to in the play as in the play they are by Betty Parris's bedroom but in the film they are outside behind a barn in the village. John's reaction to Abigail is that he is lustful. He knows that his affair with her was wrong and that it would wreck his name in the village so he tells her that it is over. He denies the whole affair and tells her that it never existed. He does so that he knows that the affair never happened. When this scene is played in the film it is done behind a barn outside away from the other characters to give the effect that they are trying to hide something from the rest of the village. In this scene in the film Abigail kisses

  • Word count: 1462
  • Level: GCSE
  • Subject: English
Access this essay

The Road not taken

The Road Not Taken On first reading "The Road Not taken" seems formal and moralistic There are 4 stressed syllables per line, the rhyme scheme throughout the poem "ABAAB" creates the flow in the poem, the punctuation steps in shows contrast which in life there are decisions and what decisions you make reflects the start and the stop point in your life. There are only full stops in the 3rd stanza because he is confused "I doubled if I should ever come back" confused about if he could ever go back to the point where he had to choose the two roads. Also shows that its not easy for him to back as he struggles to make the decision to the road he chooses, the roads also represent life as one road leads to another just like life, as well as life is short which where he has no time to go back and take the other road the metaphor for wood and forks is life itself. "two roads diverged in a yellow wood" the key word is "two" in our lives we face decisions where we have two choices, even when it seems there is only one choice, we can or not do it so there are two alternatives, also "Yellow wood" questions reader what time of day it is? What feeling do you get from yellow? What season it is? A "No one has yet walked upon the leaves" initiate that it is autumn and yellow is an autumn color. "And sorry I could not travel both and be one traveler, long I stood" tells the reader that

  • Word count: 516
  • Level: International Baccalaureate
  • Subject: World Literature
Access this essay

How typical of the murder mystery story is “The Speckled Band” by Sir Arthur Conan Doyle and “Lamb to the Slaughter” by Roald Dahl? Which of these stories do you prefer and why?

How typical of the murder mystery story is "The Speckled Band" by Sir Arthur Conan Doyle and "Lamb to the Slaughter" by Roald Dahl? Which of these stories do you prefer and why? These two stories were both written at different times in history. "The Speckled Band" was written in 1892 during the 19th century, whilst "Lamb to the Slaughter" was written in the middle of the 20th century in the 1950's. Immediately the reader can observe differences in style the way the stories are written, the words used in each and technique. The opening paragraph in "The Speckled Band" is written as a narrative, spoken by Dr Watson, Sherlock Holmes' assistant. He begins by talking of the past and the experiences he has enjoyed and endured with his friend. The sentences are longer and Watson speaks in a very formal way. He uses what is now archaic language, which adds to the formality and the way the reader perceives him as 'old fashioned'. The archaic words used are very rarely used in modern day language, but when sir Arthur Conan Doyle was writing they were common and in everyday use. A quote such as: "...Very sorry to knock you up Watson " Is used very rarely nowadays, but in its time meant to wake somebody up. When this is compared to the language used in "Lamb to the Slaughter" the language is quite the opposite. Shorter sentences and less formal language is a key feature in Roald

  • Word count: 1591
  • Level: GCSE
  • Subject: English
Access this essay

This report will focus on the issue of Mexico adopting the US dollar as its official currency.

Dollarization in Mexico Written by: Matthew Baron Eren Pamir Maksym Rubin This report will focus on the issue of Mexico adopting the US dollar as its official currency. We will examine the feasibility behind the surrender of the Mexican peso, the replacement of the country's physical currency with US dollars, and the effects that these actions will have on Mexico from an economic, political and social perspective. In examining these effects, we will determine whether the Mexican government should pursue official dollarization. I. Requirements and processes. Some economists have argued that countries wishing to replace their central banking systems through dollarization must first fulfill certain preconditions, such as a high level of dollar reserves, a solvent banking system, sound government finances, and flexible wages (Joint Economic Committee). However, if these conditions already exist within a country, chances are their monetary policy would already be effective, which would negate the need for dollarization (Id.). In Mexico's case, there would be no preconditions to fulfill in order for the country to consider becoming a candidate for dollarization. However, there are a few important steps that the Mexican government must address once the decision to dollarize has been made. One of the main issues in dollarization is the exchange of all the Mexican peso

  • Word count: 3394
  • Level: University Degree
  • Subject: Business and Administrative studies
Access this essay

outline and evaluate feminist contributions to our understanding of gender

E) Outline and evaluate Feminist contributions to our understanding of gender. Before the rise of Feminism in the 1960's, the popular view in sociology was that the biological differences between men and women were the things that determined their role in life. Functionalists assumed that men were biologically suited to heavy work (instrumental roles) and as women bore children, they were therefore biologically suited to the role of mother and carer, the expressive role. In the late 1960's Liberal Feminist Ann Oakley argued the case and said that gender roles were not 'nature' but were in fact nurture. She felt that gender roles were down to socialisation and even if there were biological tendencies, they could be overridden by cultural factors. She did several cross cultural studies; each one seemed to strengthen her case. For example, she found 14 cultures where women did the lumbering and 38 cultures where men and women shared cooking duties. Since the emergence of Feminism, there have been several different Feminist perspectives and although they do not all agree about the origins of gender issues, each one has added its own valuable contribution to the understanding of these issues and heightened women's, and men's awareness of the inequalities that exist. Feminists have challenged the relationship of men and women as one where women belong to one group and men belong

  • Ranking:
  • Word count: 1270
  • Level: GCSE
  • Subject: Sociology
Access this essay

King Lear Act II

English Lit: King Lear * Q: Discuss the presentation of Lear in Act II Scene IV. Explore the ways Lear changes in this scene commenting on his language and actions. Explore what they reveal at this stage in the play. 'I shall go mad' Act II Scene IV welcomes the theme of role reversal and reinforces the evident stripping of power encountered by Lear and the utter mistreatment of Lear which unveil a irrational and vulnerable king from the beginning to the end of the scene. Symbolism is used to impose an ominous idea from the very beginning of the scene as the fool is quick to interject Lear, and exclaims 'Winter's not gone yet, if the wild-geese fly that way'. The fool indicates and rightly so makes the prediction that despite Lear believes he has hit rock bottom and isn't receiving what is owed to him, things will only get worse. And with this, a negative and malevolent scene to come is projected by Shakespeare. Further, Lear is presented as a poor father. The fool also highlights the theme of role reversal when he announces to Lear 'Fathers that wear rags'. Role reversal is envisioned and thrown directly at Lear - how is it that Lear has nothing while his children have complete power and wealth? By 'rags', does Shakespeare suggest Lear's lack of wealth or Lear's lack of love? Lear has quickly been deprived of both as a consequence of his decisions and he is now left a

  • Word count: 1140
  • Level: AS and A Level
  • Subject: English
Access this essay

The Fall of the Tsar

The Tsar and his ancestors has been running Russia as an autocracy for over 300 years. Running the worlds biggest country as an autocracy with a very incompetant Tsar was inevitably a recipie for disaster. Running a 6592800km² country single handedly was obviously never going to work. Tsar Nicholas II hated people giving him advice, even if it was good advice. He clearly didn't like people who were cleverer then he was. For example, the Tsar replaced Goremykin with Stolypin as Prime Minister. Stolypin used harsh methods of ruling which ended up with good results; however, Stolypin was assassinated just before Nicholas was going to fire him. The Tsar was also a very ignorant man who would ignore almost all advice he was given, even if it was good advice. Nicholas would only ever listen to his friend and people who were in great power, who funnily enough were his friends. The second reason as to why the Tsar fell from power was World War 1. The Russian Army was terribly run. The Tsar himself had chosen the Army Generals based on their status and friendship to him. They had to army experience and almost no idea what they were doing. They were very poorly equiped and some soldiers went into battle without guns. They were instructed: "If a man near you dies, pickup his gun and use it." Because Russia was so big and the army generals were so unexperienced, they used soldiers

  • Word count: 429
  • Level: GCSE
  • Subject: History
Access this essay

Random Night.

Random Night By Marty Reynolds 6th Hour English April 30th 2003 I've had some pretty odd nights where odd things happen. The following is of a March day in my eighth grade year that I can somewhat vividly remember. After school on a certain hot march day in my eighth grade year, I walked out of the building and just simply conversed with my friends like I do everyday before climbing on the giant yellow mass called bus number forty with my good friend Ryan. It was a somewhat quiet ride to his home on 88th terrace. We just played our regular bus game. You basically just look for clay turtle or lawn gnomes or concrete mushrooms...pretty much anything that you could find. I really can't remember who won or what I saw but it happened When we arrived at Ryan's homestead we where almost immediately greeted by his wonderful dogs Sadie and Chico. We proceeded into his home after taking a small skate session on his driveway to almost immediately hear the phone ring. On one end of the line was Ryan and on the other my other good friend Kenney. I just sat around and looked outside through Ryan's largest kitchen window while he was on the phone with Kenney. When Ryan put the phone back on the charger he just said, "Come on Marto lets go skate, Kenney's on his way". So we proceeded outside to skate and wait for Kenney. We walked over to his mothers wonderful

  • Word count: 1091
  • Level: GCSE
  • Subject: English
Access this essay