And common law is certainly capable of taking over as statutes are phased out. However, it would be necessary for the voting public to cease expecting their candidates to fix every perceived problem by means of new legislation. A final objection for us to consider is that a common-law system grants too much power to judges. This, too, is a legitimate concern. However, a common-law system would not in itself increase the power of judges.
Judicial activism is a potential problem in any legal or political system.
What a return to common law would do is not increase the power of judges so much as decrease the power of legislatures and bureaucracies. The character of a society is intimately bound up with the character of its laws. Those who wish for the freedom, prosperity, and virtue of their communities cannot but deeply care about how their laws are created and how they benefit or hinder the communities' flourishing. This vital, but frequently forgotten, part of our heritage is built upon principles echoing the concerns of those who desire the strengthening of ordered liberty. Religion and Liberty Acton Institute 161 Ottawa NW, Ste.