Abstract:
This piece examines situations in which judges are called upon to develop and modify the common law. By reference to a number of recent developments in the United Kingdom and Australia, namely the law of evidence and common law privilege, the right to privacy, and causation in the tort of negligence, the author elucidates the manner and extent to which judges have and are able to develop the law in the absence of parliamentary intervention.
Lord Robert Walker, ‘Developing the Common Law: How Far is Too Far?’ (2013) 37(1) Melbourne University Law Review (Advance).
First posted 2013-05-18 08:21:10
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