n Acta Juridica - The contribution made by Mr Justice Michael McGregor Corbett to the South African law of succession

Volume 2014, Issue 1
  • ISSN : 0065-1346
  • E-ISSN: 1996-2088



The view that judges expound the law but do not create law (), while embodying the broad principle of the division of function between the legislature and the judiciary, no longer holds sway. It is now generally acknowledged that one of the consequences of the judicial process is the creation of new law. The common law in particular frequently embodies principles which, although firmly established, may require extension, limitation or adaptation when applied to particular facts. Nor are norms of conduct or policy considerations static. Great judges, in dealing with these and like situations, have unquestionably contributed to the development of new law. The late Mr Justice Michael McGregor Corbett was such a judge.

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