Project Abstract

Abstract
This research project delves into the complex and widely debated issue of whether judges make law. Through a comprehensive analysis of existing literature and case studies, this study aims to provide insights into the role of judges in the legal system and the extent to which they contribute to the development of legal principles. By examining the various perspectives and arguments on this topic, this research seeks to offer a nuanced understanding of the dynamics between judicial interpretation and lawmaking. The research employs a multidisciplinary approach, drawing on legal theory, judicial philosophy, and empirical studies to explore the different ways in which judges influence the creation and interpretation of laws. By examining key cases and legal precedents, this study aims to shed light on the mechanisms through which judges shape legal norms and doctrines. Additionally, the research considers the impact of judicial decisions on society, politics, and the legal profession. Furthermore, this project investigates the concept of judicial activism and its implications for the separation of powers and the rule of law. By analyzing landmark cases and controversial judicial rulings, this study seeks to evaluate the role of judges in addressing social issues and promoting legal reform. Additionally, the research explores the tensions between judicial discretion and legislative authority, highlighting the challenges of balancing judicial independence with democratic accountability. Through a comparative analysis of different legal systems and judicial traditions, this study aims to provide a global perspective on the question of whether judges make law. By examining the practices of common law and civil law jurisdictions, this research seeks to identify common patterns and divergences in the role of judges as legal actors. Moreover, the study considers the role of international courts and tribunals in shaping legal norms and standards across borders. In conclusion, this research project contributes to the ongoing debate on the role of judges in lawmaking by offering a comprehensive analysis of the various factors and considerations involved. By synthesizing diverse perspectives and empirical evidence, this study aims to provide a nuanced understanding of the complex relationship between judges, legislation, and legal change.

Project Overview

It is common knowledge that the age long principle of Separation of powers allocates the governmental functions of law making, law implementation and law interpretation to the Legislative, Executive and Judicial arms of government respectively and each arm is to function independently without any unwarranted intermeddling.

It is trite that the function of lawmaking for peaceful coexistence and orderliness in the society is vested in the recognized law making organ, in the Nigerian case being the National or States House of Assembly as the case may be. It is however evident in practical reality, due to the application of certain concepts like Judicial Review, Checks and balances amongst others and the evolution of the idea of case law and stare decisis that the law interpretation duty of the Judiciary and the legislative duty of law making appear overlapping. This seeming power usurpation on the part of the judiciary has been a subject of great debate for centuries. While some opine that the functioning of the judges is simply reflective of law interpretation others reason that judges are intruding into legislative business and accuse judges of judicial activism and a seemingly more objective school project that effective judicial functioning is inevitably linked to legislative functioning. In the mist of all these the judges themselves have taken both affirmative and dissenting stands and one wonders where to get answers the seemingly unanswered question “Do judges make laws?”

This work touches the practical and legal stand on the issue of whether Judges make laws giving cognizance to ex cathedra Statutory and Judicial authorities alongside scholarly arguments relevant to the issue