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Business Law Judges As Lawmakers The power to make law belongs to the legislatures, judges can only apply that law to decide cases. Neither the judges have the power to make law, nor the courts have that power. That puts the whole issue of judicial activism in another perspective. Judges are overstepping their role by making law rather than only interpreting the right way the already existing one and applying it. When the law does not state clearly what can and what can not be done, it's the judges job to clarify it and not by all means to make a whole new one, as it often happens. Let's say "common law" includes every area of law where judges rather than legislatures have made most of the rules, and let's say that "statute law" is where legislators are the lawmakers. Common and statutory law, are very different. Common...

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