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This article is relevant for AQA Law 04: Concepts.
Many students who have come to me for lessons to improve their grades or for exam practice have said that they found judicial creativity really hard to grasp. Why is this? The concept of judges being creative, or ‘making’ law, has its roots firmly based in two areas of procedure from Unit 1, namely judicial precedent and statutory interpretation. You can approach it by asking four questions:
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