In his dissenting judgment in Dugan v Mirror Newspapers Ltd,

1 .Murphy J observed that: 'The common law is law made by judges in the area left to them by constitutions and legislation; for this reason, it is often more accurately described as judge-made or decisional law. Australian courts (especially this Court [the High Court]) should, while taking into account the advantages of predictability, evolve the common law so that it will be as rational, humane and just as judges can make it. The present condition of the common law is the responsibility of the present judges. If this were not so, we would still be deciding cases by following the decisions of medieval judges.'

2. To what extent is this approach consistent with the doctrine of the separation of powers? In your answer, you should critically discuss the above quote, and draw on a range of primary and secondary sources, including at least one other decision of the High Court of Australia.

reference in AGLC4 with footnote and max. 1200 text excluding footnote