View Poll Results: Activist judges makes laws?

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  • Yes they make laws!

    6 35.29%
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    7 41.18%
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    4 23.53%
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Thread: Activists Judges makes laws?

  1. #1
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    Activists Judges makes laws?

    How many here actually believe the title? If you do then why?
    I have an answer for everything...you may not like the answer or it may not satisfy your curiosity..but it will still be an answer. ~ Kal'Stang

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    Re: Activists Judges makes laws?

    No, however they can influence the interpretation of existing laws.

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    Re: Activists Judges makes laws?

    Quote Originally Posted by peas_and_corn View Post
    No, however they can influence the interpretation of existing laws.
    Could you expand on that please?
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    Re: Activists Judges makes laws?

    They make laws and strike down others on whim. Look at Roe v Wade. They struck down the State's rights, claiming that some wording meant that abortion is a constitutional right for privacy's sake.

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    Re: Activists Judges makes laws?

    Quote Originally Posted by Vincent View Post
    They make laws and strike down others on whim. Look at Roe v Wade. They struck down the State's rights, claiming that some wording meant that abortion is a constitutional right for privacy's sake.
    Where in Roe vs Wade did they make a law? All they did in Roe vs Wade is to vote a law that was passed out as it being unconstitutional. I would ask you another question but it isn't relevant to the thread topic since it is about abortion specifically.
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    Re: Activists Judges makes laws?

    Quote Originally Posted by Kal'Stang View Post
    Could you expand on that please?
    I can't give an American example, since I don't follow your court system closely, so I'll give an Australian one.

    The previous government led by John Howard was elected in 2004 with a double majority- controlling both houses of parliament. They used this majority to pass a controversial bill known as 'WorkChoices', which was a reform of industrial relations legislature. Up to that point, IR reform was able to happen at a federal level due to the agreement of the states, since the Constitution made IR policy an issue for states to look after. However, with a Liberal government federally and Labor governments in every state, there was no way that there would be agreement on it and the bill was challenged on the grounds of whether it is constitutional.

    The court found in favour of the federal government, which argued that the Corporations section of the constitution gave the federal government the power to do this. This decision greatly expanded the scope of federal powers in relation to state powers, and will be used in the future as a precedent for future changes made by the federal government (the Labor party's repeal of this bill and further modification of IR laws wasn't challenged by the states, though it most likely would also have survived a challenge due to this case).

    For more lazy wikipedia linking, this is the page about the case

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    Re: Activists Judges makes laws?

    Quote Originally Posted by Kal'Stang View Post
    Where in Roe vs Wade did they make a law? All they did in Roe vs Wade is to vote a law that was passed out as it being unconstitutional.
    In that sense, what they did was "remake" laws enacted by elected legislatures. What was once illegal was made legal.

    Many (including law professors from both sides) argue that the law established by Roe v. Wade has no Constitutional basis.
    Last edited by Taylor; 11-15-10 at 02:29 AM.

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    Re: Activists Judges makes laws?

    Quote Originally Posted by Taylor View Post
    In that sense, what they did was "remake" laws enacted by elected legislatures. What was once illegal was made legal.
    No, what they did was abolish a law that was against the constitution. No law got remade. There is no law on the books as far as I know that states that abortion is legal.
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    Re: Activists Judges makes laws?

    Quote Originally Posted by peas_and_corn View Post
    I can't give an American example, since I don't follow your court system closely, so I'll give an Australian one.

    The previous government led by John Howard was elected in 2004 with a double majority- controlling both houses of parliament. They used this majority to pass a controversial bill known as 'WorkChoices', which was a reform of industrial relations legislature. Up to that point, IR reform was able to happen at a federal level due to the agreement of the states, since the Constitution made IR policy an issue for states to look after. However, with a Liberal government federally and Labor governments in every state, there was no way that there would be agreement on it and the bill was challenged on the grounds of whether it is constitutional.

    The court found in favour of the federal government, which argued that the Corporations section of the constitution gave the federal government the power to do this. This decision greatly expanded the scope of federal powers in relation to state powers, and will be used in the future as a precedent for future changes made by the federal government (the Labor party's repeal of this bill and further modification of IR laws wasn't challenged by the states, though it most likely would also have survived a challenge due to this case).

    For more lazy wikipedia linking, this is the page about the case
    Hmm, I'm afraid I know next to nothing when it comes to Australian law and judges. As such I couldn't comment about it.
    I have an answer for everything...you may not like the answer or it may not satisfy your curiosity..but it will still be an answer. ~ Kal'Stang

    My mind and my heart are saying I'm in my twenties. My body is pointing at my mind and heart and laughing its ass off. ~ Kal'Stang

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    Re: Activists Judges makes laws?

    Quote Originally Posted by Kal'Stang View Post
    Hmm, I'm afraid I know next to nothing when it comes to Australian law and judges. As such I couldn't comment about it.
    It pretty much has the same structure as the US system, except the judges in the High Court are appointed by Parliament.

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