Law is wIf function of the courts is to interpret the law how do they become a source of the law discuss this statement?

Answer 1

The courts determine what the law says when it was passed by the legislature. The wording may not be what the legislature intended. Then the court is stating a position and law enforcement and people will depend upon their interpretation of what it means. It is doubtful that the original writers and approvers of the Constitution intended for it to be against the law for there to be prayer in school. Or that the pledge of alligence would be banned from public schools.

Answer 2

This answer applies only to common law countries. If someone with knowledge of civil law countries wants to add anything that would be awesome.

Generally there are two main sources of law. There is statute law (legislation) which is made by the government; and then there is "common law", which traces it's roots back to customs in England.

Generally in any court case the court has to determine what the law is on a particular matter. This sounds straight forward, but can be difficult, depending on the circumstances of the case. When it does this, it essentially becomes a source of law. While the wording of legislature provides a frame, courts fill in some of the substance. In other cases the wording might not be very vague at all, but it may set out factors the court must consider, and then come to a reasonable conclusion. This could also be seen as the court being a source of law, by interpreting it.

Regarding common law, depending on the country you are in, different parts of the law may be left to the common law. This means that you cannot read a statute to find out what the law is, but must read the cases. Judges use older cases to determine what the law is, then either apply it (if that works), extend it (if the case is outside the borders) or change it (if it is no longer fair and just). In this role they both create the law (although they usually pretend that they are only discovering what it is) and apply it.

Answer 3

They essentially make law when they have to interpret the meaning of the statute. Also, if there is no statute on the issue, they make law in equity.