Patrick Hodge, ‘The scope of judicial law-making in the common law tradition’

“Judge-made law is an independent source of law in common law systems. To jurists brought up in legal systems which have codified law this is one of the striking features of the common law tradition. Instead of interpreting a code to develop the law, common law judges develop the law which their predecessors have made. While statute law now impinges on many areas of private law, large tracts of our private law remain predominantly the product of judicial decisions. Today, I wish to discuss some of the areas of private law which have been and remain predominantly judge-made and the limits in the common law tradition on judicial law-making …” (more)

Lord Hodge, Justice of The Supreme Court of the United Kingdom, ‘The scope of judicial law-making in the common law tradition’, Max Planck Institute of Comparative and International Private Law, Hamburg, Germany, 28 October 2019.

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