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Judicial Creativity Model Answer Within England, Parliament is the sole law making body. It is sovereign. The question then, as to whether judges should make the law is inevitably deep and extensive. According to William Blackstone's declaration theory, judges no not create the law, they merely discover and declare the law as its always been. To quote Blackstone himself, 'it has always been an established rule to abide by former precedent where the same points come again in litigation a well as to keep the scale of justice even and steady and not liable to waver with every new judges opinion.' This traditional view has been adopted by many judges who, on the grounds of policy, do not believed that they, an unelected body, should be the creators of law. Lord Salmon in R v Abbott is quoted having said 'Judges have no power to create new criminal offences, nor in their...

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