Thesis Abstract

Abstract
The question of whether judges make law has been a longstanding debate in legal scholarship. This research project aims to provide a comprehensive analysis of this issue by examining the recurring patterns and arguments presented in legal literature. The study delves into the various perspectives on judicial lawmaking, considering both theoretical and practical aspects. Through an extensive review of scholarly articles, case law, and judicial opinions, this research identifies key arguments for and against the idea that judges make law. The analysis reveals that while judges do not have the legislative power to create new laws, their decisions and interpretations play a crucial role in shaping the legal landscape. By examining landmark cases and legal principles, this study highlights the ways in which judicial decisions effectively contribute to the development of legal rules and doctrines. Furthermore, the research explores the concept of judicial activism and its implications for the debate on judges making law. By examining cases where judges have been accused of overstepping their authority, this study sheds light on the complexities of judicial decision-making and its impact on the legal system. The analysis also considers the role of precedent and stare decisis in shaping the extent to which judges can be said to make law. Moreover, the research project examines the role of judges in interpreting statutes and applying legal principles to specific cases. By analyzing the process of legal reasoning and the factors that influence judicial decision-making, this study provides insights into the mechanisms through which judges contribute to the evolution of legal norms. The research also considers the role of judicial discretion and the constraints that limit judges' ability to create new laws. Overall, this research project offers a nuanced understanding of the question of whether judges make law. By examining the recurring patterns and arguments in legal literature, this study provides a comprehensive overview of the complexities involved in judicial decision-making and its implications for the legal system. Through a critical analysis of key concepts and principles, this research contributes to the ongoing debate on the role of judges in shaping the law and highlights the multifaceted nature of judicial lawmaking.

Thesis Overview

It is common knowledge that the age long principle of Separation of powers allocates the governmental functions of law making, law implementation and law interpretation to the Legislative, Executive and Judicial arms of government respectively and each arm is to function independently without any unwarranted intermeddling.

It is trite that the function of lawmaking for peaceful coexistence and orderliness in the society is vested in the recognized law making organ, in the Nigerian case being the National or States House of Assembly as the case may be. It is however evident in practical reality, due to the application of certain concepts like Judicial Review, Checks and balances amongst others and the evolution of the idea of case law and stare decisis that the law interpretation duty of the Judiciary and the legislative duty of law making appear overlapping. This seeming power usurpation on the part of the judiciary has been a subject of great debate for centuries. While some opine that the functioning of the judges is simply reflective of law interpretation others reason that judges are intruding into legislative business and accuse judges of judicial activism and a seemingly more objective school project that effective judicial functioning is inevitably linked to legislative functioning. In the mist of all these the judges themselves have taken both affirmative and dissenting stands and one wonders where to get answers the seemingly unanswered question “Do judges make laws?”

This work touches the practical and legal stand on the issue of whether Judges make laws giving cognizance to ex cathedra Statutory and Judicial authorities alongside scholarly arguments relevant to the issue