n Acta Juridica - The contribution made by Mr Justice Michael McGregor Corbett to the South African law of succession
|Article Title||The contribution made by Mr Justice Michael McGregor Corbett to the South African law of succession|
|© Publisher:||Juta Law Publishing|
|Publication Date||Jan 2014|
|Pages||1 - 8|
The view that judges expound the law but do not create law (iudicis est ius dicere non facere), 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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