2 thoughts on “When should judges make and un-make the law?”

  1. Very informative as ever. As a German used to the real separation of Powers (Legislative Judikative and Executive) it sounds a tiny bit alien, but I guess this is just one of the many differences between common and codified Law

  2. Many thanks for the article which helps explain some of the anomalies that underpin many confusing public, legal assumptions.

    I did wonder however if there is any obligation on Parliament to enact changes in legislation as a result of court verdicts or do subsequent cases rely on the diligence of lawyers to unearth applicable case law for their defence? If so it seems to be a very inefficient use of precious resources.

    Another area of confusion (perhaps for another time) has been more recently the findings against the govt for acting “unlawfully” which subsequently in newspapers or social media have been described as “illegal”.

    Is there a legal difference in the terminology and in such cases is there an (perhaps related) underlying reason that no prosecutions have resulted?

    Many thanks for your time in helping untangle the birds nest.

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