Contract Law Reform: Legislators or judges - or both?

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)peer-review

Abstract

This essay pursues a theme identified by Dale Hutchison, judges’ use of their technical expertise to achieve creativity in law and asks how far that may be relied upon by law reform bodies, such as the Law Commissions in the United Kingdom. The question is whether such bodies should take account of means other than legislation for having their recommendations put into effect. It is suggested that, while law reform bodies should be fully aware that their published work is a source of information, ideas and arguments for practitioners and judges which may contribute to judicial development of the law, they should address themselves only to government and the legislature.
Original languageEnglish
Title of host publicationThe Future of the Law of Contract
Subtitle of host publicationEssays in honour of Dale Hutchison
EditorsTjakie Naude, Daniel Visser
Place of PublicationCape Town
PublisherJuta
Chapter3
Pages57-82
Number of pages25
ISBN (Print)9781485138587
Publication statusPublished - 2021

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