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"If the law be thought to be improper or inconvenient, application to correct it must be made elsewhere, and not to those who are bound by repeated and solemn judgments of their predecessors."

These words of Justice Buller were written in Bishop of London v Ffytche and warn those who argue during litigation that the law is bad, that such inquiries ought to be brought to Parliament or the legislature and not to the Court for the Court applies the law and does not write it.

At least, that's the theory of the division between the legislative branch and the judicial branch of government. In fact and in law, judicial decisions clearly shape law in both general and specific terms, especially in common law jurisdictions but even in civil law jurisdictions where, by design, the comprehensive articulation of the law within a code seeks to minimize judicial interference in stating the law for the population.

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