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English Legal System essay

Hi, would anyone be able to help me with an essay question? The question is ‘consider the extent to which judges are able to develop the law despite its constraints’ - I think it relates to judicial precedent but I’m not sure if I should also discuss statutory interpretation.
I also have to evaluate the powers of the criminal and civil courts to create law through precedent. Any help would be really appreciated!
Hi! If you could put the whole essay question that would be much appreciated.

Since I don't know what you learned in class I can't 100% tell you what they would want but in my mind there are three different ways you can attack this question. First, you could speak about ultra vires/modified ultra vires, this is good for any public law/ judicial review discussion. Say a court's ability to establish in parliament acted illegal. Secondly, in speaking about its powers to create precedent you can mention lack of duty of care in Tort Law with notable cases such as Hill, McFarlane and Rees. Finally, since you mentioned statutory interpretation, you can mention the 4 rules of interpretation and specific case examples of judges using the different types and the effects it can have.

Let me know what way you go and all the best! Feel free to ask me to expand on any of the three points.
Original post by kokothemagician
Hi! If you could put the whole essay question that would be much appreciated.

Since I don't know what you learned in class I can't 100% tell you what they would want but in my mind there are three different ways you can attack this question. First, you could speak about ultra vires/modified ultra vires, this is good for any public law/ judicial review discussion. Say a court's ability to establish in parliament acted illegal. Secondly, in speaking about its powers to create precedent you can mention lack of duty of care in Tort Law with notable cases such as Hill, McFarlane and Rees. Finally, since you mentioned statutory interpretation, you can mention the 4 rules of interpretation and specific case examples of judges using the different types and the effects it can have.

Let me know what way you go and all the best! Feel free to ask me to expand on any of the three points.


Thank you so much that’s really helpful. The essay question is: Explain how English law is developed through the doctrine of judicial precedent and consider the extent to which judges are able to develop the law despite its constraints.
Original post by booklover101
Thank you so much that’s really helpful. The essay question is: Explain how English law is developed through the doctrine of judicial precedent and consider the extent to which judges are able to develop the law despite its constraints.

Ahhh if I was you I would write my essay keeping the two parts in mind. The first would be the general development through the doctrine of judicial precedent. Here you show your understanding and insight gained through class and academic commentary, and then you go on to the second part. Here I would speak about judges' ability to develop the law and speak about the 4 rules of interpretation, famous cases and perhaps ultra vires in judicial review. The second part is where if I were you I would focus on since it allows for the most consideration and discussion. Good luck!
Original post by kokothemagician
Ahhh if I was you I would write my essay keeping the two parts in mind. The first would be the general development through the doctrine of judicial precedent. Here you show your understanding and insight gained through class and academic commentary, and then you go on to the second part. Here I would speak about judges' ability to develop the law and speak about the 4 rules of interpretation, famous cases and perhaps ultra vires in judicial review. The second part is where if I were you I would focus on since it allows for the most consideration and discussion. Good luck!


Yes I’ve split the question into two parts. I did not think about ultra vires I will include this. Thanks so much!

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