The Judge and the Laws
Compare the roles of the legislator, the judge and the executive in interpreting laws. The legislator’s work is to create the laws. They are charged with the responsibility of drafting the laws. Many of the words that they use in creating laws are inferential and should not interpret ordinarily. The judges have the responsibility of interpreting the laws. Interpretation of laws should encompass both the textual and purposive approaches.
In other words, the interpretation of the law should also focus on the earlier laws on a similar subject, taking into account the status of the previous law in terms of defects and strengths. In the purposive interpretation, information must also be gathered from other sources, for example, the official commissioner proposals or other official documents used to introduce or pass a law, agreement or treaty. The executives, on the hand, are charged with the responsibility of enacting the law. It is very vital the executive to be fully aware of the inerpreted meaning so as to avoid misconception. All the legislations are carried out by the executive. In the process of implementing the laws, some indifference always occurs.
It is at this point that the judiciary is called upon. It should, however, be noted that these three arms of the government are interconnected and coordinate with each other even though each is independent. Explain and comment on the main characteristics of the European Continental Law Traditions.The European continental law is a set or regulations that governed the people of Europe. The law stipulated the rights of individuals and their responsibility to keep to the law. This law also stipulated the responsibilities of the government in their bid to preserve the rights of the people.
This Continental law was meant to be followed by all the people of the land. No one was to be exempted from it. The statutes of this law were entrenched in the written code called the Constitution. Human rights were entrrenched in the European constitution law. All citizens in the land were to be protected by this statute.
The human rights spread across many areas of an individual’s life. The right for property is also enhanced in the European law. All people have a right to live in peace and enjoy safety of life and wealth. The Constitution stipulates that people also have freedom of speech as long as their words do not create havoc and chaos in their neighborhood. A person can also worship in whatever place or religion that they deem to fit them. Such issues of personal life are to be enjoyed by all people without infringement by external forces.
The European Continental law highlights a mechanism through which wrongs are punished. A person will not offend others and go scot free. Such a measure is set to protect people from harm. This is one of the strengths of the European Continental law. Punishments are meant to serve the purpose of keeping people away from committing an offence.
It should be noted that people could be serious offenders if the Constitution did not provide for punishments.