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Mark R. McGuigan

Justice of the Federal Court of Canada (Appeal Division)


In spite of the judge's role as legislator, justice must be administered according to law, not according to the judge's individual sense of justice. The judge's legislative competence is narrower than that of the legislator. His/her role is to legislate between the gaps, to fill the open spaces in the law. Thus the rule of law is maintained.

1987 - from "Sources of Judicial Decision-Making and Judicial Activism" in S. Martin and K. Mahoney, eds., Equality and Judicial Neutrality Carswell, Toronto