Judicial creationism?
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Abstract
Do judges create new law? The author discusses two views held by the outstanding Italian legal philosopher Luigi Ferrajoli: the empirical thesis that, as a matter of fact, judges do not create new law and the normative thesis that, at any rate, they should not.
Keywords
- Luigi Ferrajoli –
- Judicial law-making –
- Judicial discretion –
- Interpretation –
- Construction –
- Principles
