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Activists Judges makes laws?

Activist judges makes laws?


  • Total voters
    15
That's the problem with using such an ambiguous term as "law".

What is law other than the rules a court will apply? In a commonlaw system, the courts create binding rules. That's how a great deal of what we think of as "law" developed in the first place.
 
Case law IS law in a commonlaw system.

That is true, however case law does not invent new laws from scratch. It only interprets existing statutes and precedent to ensure a consistent logic throughout the legal codes. However, every decision a court makes can be overruled by statue.
 
That is true, however case law does not invent new laws from scratch. It only interprets existing statutes and precedent to ensure a consistent logic throughout the legal codes. However, every decision a court makes can be overruled by statue.

Common law IS inventing new law from scratch. And precedent IS case law.

And yes, it can be overruled by a statute, which is why there ARE statutes.
 
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