Jurisprudence

Introduction

NAME : ZAIN UL DIN, SHAYAN

ENROLLMENT NO:01-177211-063
SUBMITTED TO : MA’AM AMMARA AMIR
Can a judge create a crime ?
 Difference

 Commitment of crime
Let’s suppose A is judge who commites crieme by taking bribery

SomeCreating
thing that was notacrime
crime
, but after the act of judge it became a
crime
Definition of crime

A crime is a violation of public law,

involving a wrongful act or the
omission of a duty, for which the
offender is subject to punishment.
It typically requires both a guilty
mind (mens rea) and a guilty act
(actus reus).
 Role of A judge , interpretation of law
• While judges do not have the power to create
crimes, they play a crucial role in interpreting
and applying existing laws to specific cases.
Their interpretations can shape the legal
landscape and set precedents for future cases.

1) 
R v Cases
Brown (1994)
2) R v G & R (2003)
3) The State v. Zafar Ali Shah (1991):
4) The State v. Malik Muhammad Qayyum
(2005)
Judicial Activism Examples from Different Jurisdictions

● Judicial Activism in simple words means when

judges interrupt their own personal feelings
 Lawrence v. Texas (2003): The Supreme
into a conviction or sentence, instead
of upholding the existing laws.
Court struck down state laws
criminalizing same-sex sodomy,
Other theories effectively decriminalizing the act and
expanding individual rights.
 Legal Positivism
 Legal Realism  Roe v. Wade (1973): The Supreme Court
 Critical Legal Studies established the right to abortion,
effectively decriminalizing the act in most
circumstances.
JUDICIA RESTRAINT
• Judicial restraint is a legal philosophy that emphasizes the
importance of judges limiting their role in the legal system
• Some legal system such as UK, tend to favor legal system;
where as US, are more willing to allow judges to engage in
judicial activism.

Some arguments in support of judicial restraint

Criticism on judicial restraint

Case law as source of law
Case law, also known as common law or precedent, is a fundamental source of law in many
legal systems around the world.

Body of law established by court in previous decision .

In counties like the UK, USA, Canada, and Australia, case law is the primary source of law, where
as In countries like France, Germany, Japan, and Pakistan codified statutes are the primary
source of law, but case law still plays a significant role in interpreting and applying those
statutes.

Principles of Case Law

Case law
 Stare decisis 1) Roe v. Wade (1973)
 Ratio decidendi 2) Brown v. Board of Education
 Obiter dicta (1954)
legal realism the limits of judicial power

Key tents for legal realism

 Law is indeterminate
 Judges are policymakers
 Predictability is limited
 Law is a tool for social
control