Opinions on whether Judges make Law (1)

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  • Opinions on whether judges make law...
    • The Declaratory Theory: Judges merely discover and declare existing law and never makes new law.
    • William Blakestone: judges make a decision ''not according to his own private judgement but according to the known laws,... not delegated to pronounce a new law, but to maintain and expand the old one''. Whilst this opinion is supported by some, others disagree.
    • Professor Hart: accepted that judges make new law which is necessary where there are no existing rule to cover the situation. An example of this is in Re A when judges had to decide whether joined twins should be separated at the result of one of them dying.
    • Lord-Edmund Davis supports Professor Hart: said in 1970 that ''the simple and certain truth is that judges inevitably act as legislators''


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