The law of the land is made through a mixture of legislating, as performed by Parliament, and through the establishment of common and case law by judges. While judges cannot initiate new legislation that results in law, their decisions create rules and precedents that must be followed. This in effect means that they do ‘create laws’, or can be said to ‘legislate from the bench’.
Judges are better placed than elected representatives to make laws for a range of reasons:
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