judge-made law

judge-made law

Legal decisions by appellate courts that are binding on all future generations unless overruled by a later appellate court, but which are directly contradictory to specific statutes or earlier case authority. This happens rather often in real estate law, much of which arose out of peculiarities of life in the Middle Ages and before.When faced with a situation that would result in a seemingly unfair conclusion under applicable principles of law,the judges sometimes simply change the law.

References in periodicals archive ?
14 ruling, San Francisco Superior Court Judge Ernest Goldsmith ruled that granting the plaintiffs' petition would create a judge-made law.
2) But an overlooked yet fundamental problem with the FISA courts' work is that judge-made law can be generated only through stare decisis, (3) a doctrine that we argue is not justified when applied to secret opinions of the type the FISA courts produce.
Posner leaves no doubt that much law is judge-made law.
But, changes to the composition of the Supreme Court of Canada and an inclination to overturn precedent can lead to rapid and dramatic change to judge-made law.
There is also special attention to the relationship between judge-made law and legislation.
The big problem with the Foreign Intelligence Surveillance Court is the creation of secret judge-made law that is capable of reinterpreting anything that Congress passes in order to make it acceptable for the NSA to engage in bulk collection activity," he stressed.
First, judge-made law is still an important part of the law in Israel.
100) In this regard judge-made law is predictable and thus not flexible.
On that basis, I do not agree with those who say that granting official status to Welsh unconditionally is a recipe for judge-made law.
For the non-English reader who considers common law to have a relatively strong tradition of judge-made law (and notably if English judges, according to McCormick, are very sensitive to the importance of erasing uncertainty for the use of English law in international trade), this distinction between interpretation and legislation is perhaps not too clear: why should judicial-interpretation-based changes in law be operational risk and legislative fine-tuning be political risk?
Thus, we have two parallel universes that operate on different planes: the universe of enacted law, and the universe of judge-made law.
While many theories suggest reasons why judge-made law should tend toward efficient rules, the question of whether the common law actually does converge in commercial areas has remained untested empirically.