Who makes the laws: the judges, or Parliament?

The answer was once obvious and

uncontroversial: the latter made them and the former interpreted them. However, things were
never really that simple, and certainly became far more complicated during the years that Lord
Bingham forged his glittering career, occupying in succession the three highest judicial offices of
Master of the Rolls, Lord Chief Justice and senior law lord.

The growing use of the judicial review and the rise of so-called judicial activism has blurred the
boundaries that separated the three interlocking pillars of our constitution Parliament, the
judiciary and the executive. To put it bluntly, there has been a growing feeling that the judges
have become too big for their wigs. Is that fair?

The historic role of the courts has always been to check the excesses of executive power, using
the precedents established in common law to defend the individual from the agents of the state.