Judge-made Law Is Fundamentally Anti-democratic

- Politics, Business, Civil, History - Posted: 13th Jul, 2005 - 5:11pm

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Post Date: 13th Jul, 2005 - 4:14pm / Post ID: #

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Judge-made Law Is Fundamentally Anti-democratic

JUDGE-MADE LAW IS FUNDAMENTALLY ANTI-DEMOCRATIC

John Leo - Edith Jones, a 5th Circuit judge and possible Supreme Court choice, argues that the "reigning legal philosophy" is responsible for the bitter politics that surround judicial nominations. Jones charges that legal elites ("mandarins of the law") have long since come to view the courts as agents of social change. Federal judges, and later state judges, caught on to this heightened view of their power. Then, as judge-made law invaded politically sensitive areas, it provoked a political reaction.
Ref. https://story.news.yahoo.com/news?tmpl=stor...yantidemocratic

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Post Date: 13th Jul, 2005 - 5:11pm / Post ID: #

Judge-made Law Is Fundamentally Anti-democratic
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Anti-democratic Fundamentally Law Judge-made

I have long been an opponent of legislation from the bench. At some point, our judicial system switched from a position of enforcing the laws as they are interpreted, to hearing on the laws to interpret them as they see fit. Often the judgment is a complete change on the way a law is viewed and interpreted. If you make a judgement that says a law is can be bypassed, then the judge is out of line. They are to say if the law was violated or not, not change what the law says. I agree with the article, it will take years to correct the damages inflicted by our overly ambitious judicial system.


 
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