Tuesday, February 9, 2016

Steilen on Judge-Made Law and the Rule of Law

Matthew J. Steilen, SUNY at Buffalo, Law School, has posted a quite interesting essay, On the Place of Judge-Made Law in a Government of Laws, which comprises
remarks given in March 2015 as a "Stead Seminar" at the University of Baltimore School of Law. The topic of the seminar was the place of judge-made law in a government of laws. The argument of the paper is that judge-made law is consistent with a government of laws insofar as it limits executive discretion. The argument is substantiated by a study of the origin of judge-made law in the early English common law.
H/t: Legal Theory Blog