ABSTRACT
This chapter considers some specific issues of reliability that may arise when the scientific theory or the scientific technique cited as evidence is not yet established but is, instead, emerging science. The risk of a miscarriage of justice arising from placing premature trust in emerging science is at the core of the precautionary principle, and a risk assessment could help with the delicate and finely balanced decisions that require to be taken. Emerging science draws attention to the fact that knowledge is not fixed and static, but is subject to continual development, reappraisal and revision. Generally, the more established the science, the more difficult it will be to mount an effective challenge. When the science in question concerns emerging science that has not yet established its status, it can prompt the trial judge, or subsequently an appellate judge, to clarify the parameters of the application of that science and the role of the expert.
