THE GROWING AMBIT OF THE COMMON LAW

Abstract

The continuation of a previous article, this part continues the author’s intention to survey the main developments of the common law that can be abstracted from the post-war decisions of the English courts. The third of three developments is the increased discretion of the judge in the performance of his judicial duties. The author also discusses the corresponding tendency of the case law to relax technical rules that might prevent the judge from reaching a decision he considers just and reasonable, and the notable effects of that tendency: 1) considerable modification of the doctrine of precedent, and 2) an attempt to extend the inherent jurisdiction of the courts in a manner which raises the fundamental question of the function of the judge in a common law community.