Discuss whether judges make law or merely declare it under the principle of judicial precedent

The modern view is that judges do make law but not in a democratic way involving other bodies and consultations which is the way that Parliament would conduct itself.

Grade: A-C | £3.99.

An in depth essay debating the question of whether or not judges make the law and, if so, is it in the same democratic way that Parliament would.

Some of the many cases looked at with regard to this include:


London Street Tramways Co Ltd v London CC (1898),

Conway v Rimmer (1968),  

Duncan v Cammell Laird & Co Ltd (Discovery) (1942),

 British Railways Board v Herrington (1972),

Robert Addie & Sons (Collieries) Ltd v Dumbreck (1929), 

R v Howe (1986),

DPP for Northern Ireland v Lynch (1975), 

R v R (1991)

R v Clegg (1995),

(a minor) v DPP (1996)

Gillick v West Norfolk & Wisbech Area Health Authority (1985),

Pepper v Hart [1992]

 Davis v Johnson (1978),

Airedale Hospital Trustees v Bland (1992),

R v G (2003),

Anderton v Ryan (1985),

R v Shivpuri (1986).

Other useful links include:


English Judicial Precedent - Fun Facts, Questions, Answers ...

Practice Statement (1966),


Not in Feather Beds;     Law Lords by A. Paterson 



Overruled , Obiter, Extrinsic aid, Distinguishing


(Word count 2408)





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