caa a22 4500 386329184 CHVBK 20180307111705.0 cr unu---uuuuu 161130e198905 xx s 000 0 eng 10.1017/S0922156500001047 doi S0922156500001047 pii (NATIONALLICENCE)cambridge-10.1017/S0922156500001047 Aylmerton Oliver Judicial Legislation [Elektronische Daten] [Oliver Aylmerton] The author describes the main characteristics of the English judicial system and its methodology. A central topic is the so-called judicial legislation, as is illustrated by the developing case lawwith respect to the tort of negligence. The method has the twin advantages of flexibility and pragmatism and it also has the advantages of speed. But there is a minus side also. First, the development of the law in this way can only be achieved at the expense of certainty. Secondly, it involves the alteration of the law, sometimes a quite radical alteration, without any extensive consideration of the practical and economic results such as would take place in the course of parliamentary scrutiny and debate. Judges are not the elected representatives of the people and the methodology of English Judges which results in the development and alteration of the law without the benefit of parliamentary debate may not perhaps be altogether a satisfactory democratic process to a constitutional purist. Copyright © Foundation of the Leiden Journal of International Law 1989 Leiden Journal of International Law Cambridge University Press 2/1(1989-05), 3-18 0922-1565 2:1<3 1989 2 LJL https://doi.org/10.1017/S0922156500001047 text/html Onlinezugriff via DOI 1 research-article jats NATIONALLICENCE 856 40 https://doi.org/10.1017/S0922156500001047 text/html Onlinezugriff via DOI NATIONALLICENCE 100 1- Aylmerton Oliver NATIONALLICENCE 773 0- Leiden Journal of International Law Cambridge University Press 2/1(1989-05), 3-18 0922-1565 2:1<3 1989 2 LJL CC0 http://creativecommons.org/publicdomain/zero/1.0 nationallicence BK010053 XK010053 XK010000 NATIONALLICENCE NATIONALLICENCE NL-cambridge