Re: Activist Judges

----- Original Message -----
From: "Carol or John Burgeson" <burgytwo@juno.com>
To: <asa@calvin.edu>
Sent: Thursday, December 22, 2005 6:46 PM
Subject: Re: Activist Judges

> Geo wrote: "OTOH judges who make decisions without regard for existing
> laws,
> including the clear intent of those who formulated those laws, violate
> the
> principle of separation of powers in the crudest way. They are acting as
>
> legislators rather than judges."
>
> TR's point is that judges cannot avoid that problem. As is the situation
> today, some disagreed, some agreed.

Depends on what you mean by "the problem." They can't avoid deciding where
the boundary between judging & legislating lies. They can avoid the problem
of ignoring existing law & its intent.

Shalom
George
http://web.raex.com/~gmurphy/
Received on Thu Dec 22 20:06:31 2005