Judges create laws interpretatively in an executive, "final deal" kind of way, but they're bound by the code of law, and they can be charged.
A judge has the power to waive certain aspects but are limited to a case-by-case approach. This is why being a judge is a very serious affair.
As for the question, "can judges create law from example?", the answer is yes. Because they are not only citizens who are capable of protest, they can protest executively. A lobby of judges can start legislating indirectly if they are vocal enough.
It's all about populism.