Dalhousie Law Journal, Vol. 9, No. 1 (November 1984), pp. 67-86


What, then, can one say about the common law tradition as it will develop in the relatively near future? In terms of the future development of the common law systems, three facts seem certain and decisive. In the first place, there has been, as a matter of observable fact, a great shift in the balance of lawmaking in the common law world from judicial precedent to legislation, which together comprise the two main sources of law. In the second place, there is a deep awareness in the common law countries of a crisis in lawmaking, an awareness that is probably stronger and more widely shared among the elite of lawyers than at any other time in the history of the common law. In the third place, and consequently, the future of the common law will depend above all on what, if anything, is done to resolve this crises in the sources of law.