Judging Reformers and Reforming Judges

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This article examines the practice and limits of judicial law reform. In particular, I consider the question of when initiation of a reform is appropriate for the judiciary as opposed to the legislature, and issue which has been a matter of controversy amongst the Justices of the United Kingdom Supreme Court. This question is assessed in the light of the institutional and constitutional competences of the courts, particularly with respect to the structure of common law reasoning. It is also argued that it is important to have regard to perspectives of the relevant judges, in understanding the individual and collective approaches to the judicial development of the law.
Original languageEnglish
Pages (from-to)15-32
Number of pages18
JournalEuropean Journal of Law Reform
Volume21 (2019)
Publication statusPublished - 14 Dec 2018


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