When common law judges decide cases, they are engaged in a process in which they simultaneously follow and constitute the law. The judge must follow the law as it then exists, whether in the form of common law precedents or statutes enacted by Parliament or the legislature.

Does a judge make the law?

Judges do make law; they make law all the time and they always have. ... Consequently, it is the application of precedent by judges, whether they are developing the common law (for example in areas such as negligence or murder) or interpreting statutes is the main mechanism whereby judges make law.

Do judges start out as lawyers?

To become a judge, a person will first need to obtain an undergraduate degree. The majority of judges have a law degree (JD) and have practiced as attorneys.