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There are some worrying grey areas that merit sensible debate, but the various hysterical claims made by editors – about judge-made law, the inadequacies of the ECHR, the bypassing of the British parliament, the need for a British bill of rights and the chilling effect on investigative journalism – are well wide of the mark.
In a sense, this amounts to judge-made law.
After the American Revolution, a drive to replace judge-made law with popular legislation was revived.
See generally Currier, Time and Change in Judge-Made Law: Prospective Overruling, 51 Va.L.Rev.
Contracts are mainly governed by state statutory and common (judge-made) law and private law (i.e. the private agreement).
An unfortunate aspect of this decision is that in common with other judge-made law it has retroactive effect.
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Yet judge-made laws have often proved fragile, and vulnerable to challenge.There are parallels in public attitudes to Congress and the law.
Up to a certain point judge-made laws on medicine and bioethics have followed national paths, developing rules of judgement linked to specific real-life scenarios.
David Cameron, the prime minister, says he feels "uneasy" about judge-made privacy law imported from Europe.
Under the doctrine of displacement, judge-made common law is preempted by a relevant statute on the same topic.
Unlike virtually the whole of the rest of Europe, the UK relied on judge-made common law and statutes to determine the scope of our freedoms.
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