Legislating from the bench?

Discussion in 'Law and Justice System' started by manifold, Jul 2, 2009.

  1. manifold
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    manifold Diamond Member

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    Legislating from the bench

    I've heard that term used by both ends of the political spectrum, mostly as a negative but sometimes defending the practice. What I don't understand is where the line is? How is ANY court decision that interprets legislation for the purposes of practical application, not itself a part of the legislative process?

    Is it possible that this whole term is nothing more than a propaganda peddling talking point? :eusa_think:
     
  2. AllieBaba
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    AllieBaba BANNED

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    It is the job of the courts to interpret laws and pass down lawful sentences. Period.

    They are not elected officials who represent the people, and we are a people who vote laws into existence. Judges are not awarded the power to create laws.

    But that doesn't stop the assholes.
     
  3. Yurt
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    Yurt Gold Member

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  4. manifold
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    manifold Diamond Member

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    You'll need to define what you mean by interpret.

    I can easily see significant overlap in what may be considered interpretation by some and legislating by others. What is the objective measure to know if something is one versus the other?
     
  5. del
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    del BANNED

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    i think legislating from the bench is a euphemism for "those nasty judges came out with a decisionwith which i disagree."
    as you said, both sides use it as propaganda.
     
  6. Nik
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    Nik Senior Member

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    Judges are not awarded the power to create laws?

    Ever heard of a little thing called common law?

    Oh yeah, we went over this already and you didn't learn anything then.
     
  7. Diuretic
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    Diuretic Permanently confused

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    Allie uses a normative approach.
     
  8. Nik
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    Nik Senior Member

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    So she wants to be like the French and have a civil law system? :lol:
     
  9. Yurt
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    Yurt Gold Member

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    let's go down the never ending rabbit hole....

    where in the constitution does it give any court the right to make law?
     
  10. Nik
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    Nik Senior Member

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    So you advocate a civil law system then? Do you think the framers were intending that?
     

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