“Decision Overruled”—Facing up to Judicial Fallibility

  title={“Decision Overruled”—Facing up to Judicial Fallibility},
  journal={King's Law Journal},
  pages={121 - 136}
  • Published 1 January 2003
  • History
  • King's Law Journal
AMONG THE issues for ongoing debate about judicial appointments which the Commission for Judicial Appointments identified last year in its first annual report to the Lord Chancellor1 was the question how merit should be measured in the assessment of candidates for these appointments. A list was given of all the obvious qualities, such as complete integrity, intellectual ability and the ability to deal with a heavy workload. But I was struck by the fact that the Commission noted, by way of an… 
2 Citations

Revisiting the Parent–Child Analogy: Implications for Law and Judgment

In order to explore the overlap between individual judgment and legal judgment, I turn to the parent–child analogy (the state is to the subject as the parent is to the child), historically much used



QB 389, 406, per Lord Evershed MR; Industrial Properties (Barton Hill) Ltd v Associated Electrical Industries Ltd [1977] QB 614

  • 1955

Langley v North West Water Authority [1991] 1 WLR 697, 710, per Lord Donaldson of Lymington MR; Limb v Union Jack Removals Ltd, above

    Judges and Lawmakers

    • 1976

    Varieties of Overruling and Judicial Law-Making: Prospective Overruling in a Comparative Perspective

    • 1978

    Act, section 59, substituting subsections (2) to (4) to section 54 of the Supreme Court Act

    • 1981

    Final Appellate Courts overruling their own 'wrong' Precedents: The Ongoing Search for Principle

    • 2002