Examine the Controversy that Surrounds the Question of what Judges are doing when they are deciding Cases.
If we accept the hypothesis, that judges do indeed make law through their decisions, we need to look closely at the judges themselves to decide whether they are capable of performing that function. Judges are not, in this country, elected, as are the other law-makers (the legislators). If judges had no law-making role, then the uncertainty over judicial decision making would not arise; it would not matter whether the judiciary was representative of the society …
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…Review 593, (1958)
Lord Denning - Misuse of Power, The Richard Dimbleby Lecture (1980)
International Journal for the Semiotics of Law
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