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How can it be said that judges make law if they are bound by an earlier one?
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How can it be said that judges make law if they are bound by an earlier one? There are two important law bodies in common law legal system: the statutory law, which derived from textual statues made by legislature and the common law, which derived from the accumulated cases and judgments made by court. The issue on whether judges make law has long been debated and from my personal view, I regard that judges, considering their nature and function, should be qualified to be lawmakers. From a historical respective, judges has played a considerable role in the early development of the common law. G. Williams in his Criminal Law gives several examples, public nudity (1664), blasphemy (1676), forgery (1727), etc. to point out English courts do creat crimes. Even in modern time, many of the common law principles and their process were initiatively created by courts. There are several examples at hand....
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