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Judicial Extension.
Member rating: No Rating | Words: | Submitted: Mon Jun 19 2006
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JUDICIAL EXTENSION It has for many years been our jurisprudential orthodoxy that, within certain limits superior courts make law and do not simply declare and apply it. This assertion no doubt requires considerable qualification but as Lord Simon of Glaisdale put it in Stock v Frank Jones (Tipton) Ltd (1978) he said "it is the idle to debate whether... the court is making law... it will depend by what you mean by "make" and "law" in this context". The fact that judges must inevitably make law raises important constitutional questions as Lord Simon went on to say in Stock v Frank "the court is a mediating influence between the executive and the legislature on the one hand, and the citizen on the other". It might be argued that the exercise of this influence requires the court to develop some coherent body of principles by which they will be guided. The classical jurisprudential...
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