The Federal Courts. ... The judicial branch of the federal government, created by the Constitution, is the federal court system. The courts resolve disagreements in the law by interpreting statutes, regulations, the Constitution, and common law. But in resolving disagreements, they also create new law.

Did judges make laws?

Judges, through the rules of precedent, merely discover and declare the existing law and never make 'new' law. A judge makes a decision, 'not according to his own private judgment, but according to the known laws and customs of the land; not delegated to pronounce a new law, but to maintain and expound the old one'.

Is the main role of courts to make laws?

The highest or basic form of state law is constitutional law, which is that founded on the interpretation of the New South Wales Constitution. The courts are the custodians of the rights of citizens; they interpret laws passed by parliament; and, through their decisions, make the common law.