Do judges make laws include case laws ?

Judges do not technically make laws, as that is the role of the legislative branch of government. However, judges do interpret and apply laws to specific cases that come before them. In doing so, they may create legal precedents known as case law, which can influence future decisions and help shape the development of the law. Case law is an important source of legal authority and is often considered binding on lower courts within the same jurisdiction.

No, judges do not make laws in the traditional sense of creating new statutes. However, case laws, also known as precedents, are rulings made by higher courts that are binding on lower courts in similar cases. In this way, case laws can effectively make new law or modify existing laws.

Judges interpret existing laws and apply them to specific cases. In doing so, they create precedents that can be cited in future cases and become binding on lower courts. This is known as the doctrine of stare decisis.

For example, if a Supreme Court ruling establishes that a particular law is unconstitutional, all lower courts must follow that precedent and cannot enforce that law. This can effectively strike down a law without the legislature enacting a new statute.

Case laws are important because they provide consistency and predictability in the legal system. They prevent lower courts from making different rulings on the same issue and ensure that similar cases are treated similarly.