ABSTRACT
Today, most observers are more likely to accept the statement of Lord Simon of Glaisdale, who said in Lynch v Director of Public Prosecutions for Northern Ireland (1975), ‘I am all for recognising frankly that judges do make law.’2 Lord Scarman was just as explicit when he noted in a House of Lords case, Duport Steel v Sirs (1980), that ‘In our society, the judges have in some aspects of their work a discretionary power to do justice so wide that they may be regarded as lawmakers.’3
