HisArpy
Loose canon extraordinair
- Joined
- Jul 30, 2016
- Posts
- 44,420
And they made law.
No, they made judicial decisions that weren't precedent except to the parties involved. (There's a rule for that called the Law Of The Case.) Other parties before other judges might not get the same result because the decisions in one court weren't binding on other courts.
The only appeal was to the Crown who wouldn't hear it unless a Lord was involved.
Thus, it was up to the legislature (or king's advisors at the time) to draft statutes which would protect everyone. These statutes ranged from the Statute of Frauds, to the Rule against Perpetuities, to divorce, to marriage, to the inheritance rules for children of unwed mothers, to the Magna Carta, to almost everything as society's needs developed and abuses recognized.
So, contrary to what you believe, no judge has EVER had the power to "make" law. The simple reason is that their authority didn't extend across the land to encompass everyone. That authority was reserved to the Crown/Legislature/Government. And it still is.
You thinking otherwise only shows how little you know about everything law or government.