How can courts best serve the public interest?

In his book, The Rule of Law, Lord Bingham quotes the words of Thomas Fuller: “Be you never so high, the law is above you.” The rule of law is the bedrock of all modern constitutional democracies and is the closest that we have to a universal secular religion. The question is, however, who makes the law: parliament or the judiciary? The traditional orthodoxy was that parliament makes the law and the judiciary interprets it. The advent of “judicial activism” has challenged this traditional orthodoxy.

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