Contract law reform: Legislators or judges – or both?
Author H MacQueen
Affiliations: LLB PhD (Edinburgh) FBA FRSE; Professor of Private Law, University of Edinburgh.
Source: Acta Juridica, 2021, p. 57 – 82
This essay pursues a theme identified by Dale Hutchison – judges’ use of their technical expertise to achieve creativity in law – and asks how far that may be relied upon by law reform bodies, such as the Law Commissions in the United Kingdom. The question is whether such bodies should take account of means other than legislation for having their recommendations put into effect. It is suggested that, while law reform bodies should be fully aware that their published work is a source of information, ideas and arguments for practitioners and judges which may contribute to the judicial development of the law, they should address themselves only to government and the legislature.