Definitions
from the GNU version of the Collaborative International Dictionary of English.
- adjective Created by judges or judicial decision; -- applied esp. to law applied or established by the judicial interpretation of statutes so as extend or restrict their scope, as to meet new cases, to provide new or better remedies, etc., and often used opprobriously of acts of judicial interpretation considered as doing this.
Judge-made law is contrasted withstatutory law andcivil law .
Etymologies
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Examples
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ShelbyC says: zuch: The Miranda rule is a judge-made rule.
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That is unacceptable when it comes as the consequence of judge-made rules created to fill supposed “gaps” in positive federal law.
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Stare Decisis has some positive features, like providing for constant interpretions of law across different cases, but also negative ones, like allowing a body of judge-made rules to supplant the original constitution.
The Volokh Conspiracy » Legislating Miranda Rights for Terrorism Cases? 2010
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Calling it “judge-made law” that no one should be punished without a trial and conviction seems to me a bit of a stretch.
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It really depends on how you define judge-made, most rules of law are judge-made in the sense that Miranda or SDP is.
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BTW - can anyone get a message to a dem on the committee to ask her if she believes the judge-made law of marbary v madison should be followed?
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There are some worrying grey areas that merit sensible debate, but the various hysterical claims made by editors – about judge-made law, the inadequacies of the ECHR, the bypassing of the British parliament, the need for a British bill of rights and the chilling effect on investigative journalism – are well wide of the mark.
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Today, in my experience, “common law” tends to bear the first meaning (judge-made law).
The Volokh Conspiracy » Originalism and Linguistic Questions 2010
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But a judge-made rule—the one the Supreme Court is scrutinizing today—requires courts to defer to the Patent Office absent "clear and convincing" evidence that the examiner overlooked something.
Digital Innovators vs. the Patent Trolls Peter Huber 2011
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Calling it “judge-made law” that no one should be punished without a trial and conviction seems to me a bit of a stretch.
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