It is common knowledge that the age long principle of Separation of powers allocates the governmental functions of law making, law implementation and law interpretation to the Legislative, Executive and Judicial arms of government respectively and each arm is to function independently without any unwarranted intermeddling.
It is trite that the function of lawmaking for peaceful coexistence and orderliness in the society is vested in the recognized law making organ, in the Nigerian case being the National or States House of Assembly as the case may be. It is however evident in practical reality, due to the application of certain concepts like Judicial Review, Checks and balances amongst others and the evolution of the idea of case law and stare decisis that the law interpretation duty of the Judiciary and the legislative duty of law making appear overlapping. This seeming power usurpation on the part of the judiciary has been a subject of great debate for centuries. While some opine that the functioning of the judges is simply reflective of law interpretation others reason that judges are intruding into legislative business and accuse judges of judicial activism and a seemingly more objective school project that effective judicial functioning is inevitably linked to legislative functioning. In the mist of all these the judges themselves have taken both affirmative and dissenting stands and one wonders where to get answers the seemingly unanswered question “Do judges make laws?”
This work touches the practical and legal stand on the issue of whether Judges make laws giving cognizance to ex cathedra Statutory and Judicial authorities alongside scholarly arguments relevant to the issue.
OTHER SIMILAR LAW PROJECTS AND MATERIALS
A COMPARATIVE ANALYSIS OF THE CONFLICT SITUATIONS AND CHOICE OF LAWS IN THE NIGERIAN LEGAL SYSTEM AND OTHER LEGAL SYSTEMS
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CONVENTIONAL AND ISLAMIC MORTGAGE FINANCING: A LEGAL COMPARISON
ABSTRACT Home ownership has been a problem to many people in Nigeria. This is the more reason why efforts are being made from all quarters to alleviate this problem. The two most prominent of these e...Continue reading »
CRITICAL ANALYSIS OF CORROBORATION UNDER THE NIGERIAN LAW OF EVIDENCE
ABSTRACT There is no law that says the plaintiff or the prosecution must bring a million witnesses or evidence to court before he can succeed in his case. A court can convict on a single witness. A c...Continue reading »
A CRITICAL ANALYSIS OF PRESUMPTIONS IN RELATION TO THE LAW OF EVIDENCE
ABSTRACT Presumption either of law or of fact, is an independent piece of evidence which may or must be drawn from a given sets of facts until the contrary is proved. In general sense, it has cut a n...Continue reading »
A CRITICAL ANALYSIS OF THE SECTION 144 OF THE 1999 CONSTITUTION: MUSA YAR’ADUA AS A CASE STUDY
ABSTRACT On the 23rd of November, 2009, President Musa Yar’Adua left Nigeria for treatment abroad in an undisclosed country. For the next 80 days, nobody heard from or saw the federal republic ...Continue reading »
A CRITICAL APPRAISAL OF ELECTION LAWS IN NIGERIA
ABSTRACT The electoral process is a total process that includes registration of voters, identifying the political parties to be voted for, voting, counting of votes, and declaration of election resu...Continue reading »
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