ABSTRACT
Judicial legislation aims to a far greater extent than do enactments passed by Parliament, at the maintenance of the logic or the symmetry of the law. The main employment of a Court is the application of well-known legal principles to the solution of given cases and the deduction from these principles of their fair logical result. The natural tendency of a well-trained judge is to feel that a rule which is certain and fixed, even though it be not the best rule conceivable, promotes justice more than good laws which are liable to change or modification. Parliament in most instances pays little regard to any general principle whatever, but attempts to meet in the easiest and most off-hand manner some particular grievance or want. Ordinary parliamentary legislation then can at best be called only tentative. Even ordinary judicial legislation is logical; the best judicial legislation is scientific.
