‘The Proper Limits of Judicial Law-Making’

“It is an honour to have been asked to give a reply to Baroness Hale. In her lecture, Baroness Hale asks several questions, but in particular ‘when should a judge feel free to change the law rather than leave it to Parliament?’ I will try to answer some of the questions Baroness Hale asks by starting with the question of how the common law, our law in common, which is entirely judge made, has any legitimacy at all. That should then enable us to provide guidance as to the limits of judicial power to legitimately change it …” (more)

[Robert Stevens, Judicial Power Project, 30 September]

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