JUDGE-MADE LAW

judge made law

judge-made law. 1. The law established by judicial precedent rather than by statute. See COMMON LAW. [Cases: Courts 88. C.J.S. Courts § 139; Trade-Marks, Trade-Names, and Unfair Competition§ 187.] 2. The law that results when judges construe statutes contrary to legislative intent. See JUDICIAL ACTIVISM. — Also termed (in sense 2) judicial legislation; bench legislation; […]

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judge-made law

judge-made law 判例法;法官创制的法律 1指由法院判例所确立的法律,区别于以制定法或行政法规为渊源的法律。2指法官在判决中对制定法作了与立法意图相反的解释或从中推导出立法意图中本未包括的含义。在这层意义上,也称为「judicial legislation」或「bench legislation」。 (→common law)

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