Six talks about Law, Justice and Democracy by Lord McCluskey, Scottish High Court Judge, Solicitor-General for Scotland 1974-9
3: Hard Cases and Bad Law
'In a common law tradition like ours the judges have to fill the gaps and make law. But it is the proper function of governments and democratically elected legislators to consider and make policy choices, not the proper function of judges.'
(Re-broadcast next Sunday on Radio 3)
(Lecture 4, 'Trusting the Judges', next Wednesday on Radio 4)
The Reith Lectures are printed weekly in The Listener