ABSTRACT
A problem arises in deciding how much flexibility to allow in the system. If judges are constantly changing the law, it leads to uncertainty and to the criticism that judges, not Parliament, are making law. However, flexibility is needed to allow the law to adapt to meet the challenge of changes in society. Judges may especially feel able to develop the law if there is some indication that Parliament is willing to see the law changed, or if a new situation arises which is not covered by existing law.
