Posted by akhilesh [ 129.244.120.200 ] on November 01, 2005 at 09:52:53:
In Reply to: Still no coherent explanation of what legislating from the bench means posted by manualblock on October 31, 2005 at 20:30:47:
HI John,
If it's not in the COnstitution, how can SUpreme Court Justices rule
on something? THey are only allowed to rule on something in the context of the COnstitution.
Legislating from the bench means: interpreting a law WELL beyond its intended scope, so it in effect becomes a new law. THe role of judges is to simply interpret the law as it was intended by its framer, whether the framers in question are our founding fathers or elected legislators.
Hope this makes sense to you.
-akhilesh
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