@georgeob1,
georgeob1 wrote:They have no authority to make the law or create jurisdiction where the parliament doesn't allow it.
There are various landmark decisions that suggest that judges can make law. Judges certainly change the law and presumably this therefore means that they make the law. Statutes are not always something totally new – they can be amending or repealing an existing law. For example, the principle of Wednesbury irrationality. In a case in 1948 involving Wednesbury borough council a judge ruled that if something was so absurd that, ‘no reasonable person who had applied his mind could have arrived at it’ then it was legally void. This in a sense created a new law.
Under English law a man could not be found guilty of the rape of his wife because of the legal principle of one flesh. A man was convicted of raping his spouse in 1992 and his appeal in 1995 was dismissed. This effectively changed the law. The European Court of Human Rights also dismissed his appeal.