Document Type
Comment
Abstract
Many authors frown upon judge-made law as an inappropriate and ghastly exercise of judicial activism in American jurisprudence. This, nevertheless, is not the view of English jurisprudence. This Comment proposes instead that the American legal audience should embrace the benefits of judge-made law as a means of correcting the rigidity and inadequacies of the legislature. It does so by drawing an example from the recent debates over whether the Human Rights Act 1998 should be amended or repealed by the legislature, which is comprised of the members of parliament sitting in the House of Commons. By drawing the example of the Human Rights Act 1998 in the UK, this Comment seeks to demonstrate that the courts should be the place for making such improvements to the law and that it need not be up for the legislature to effect those changes.
Recommended Citation
Samuel Kuo,
A Case for Judge-Made Law for the American Jurists from an English Perspective—Drawing Example from the Human Rights Act 1998,
53
Ga. J. Int’l & Compar. L.
645
(2025).
Available at:
https://digitalcommons.law.uga.edu/gjicl/vol53/iss3/7