The Scope of Judicial Law-making in Constitutional Law and Public Law

Abstract

1. At a time when the government has initiated reviews of administrative law and the Human Rights Act 1998, this is a suitable occasion for me to revisit the scope of judicial law-making. I have written on this subject before, but have not written an article which focusses solely on public law. In this article I seek to place modern developments in constitutional law and public law in their historical context, discuss the circumstances which have enhanced the role of the judiciary in our society, and examine the necessary limitations on the judicial role.