Do judges legislate?

UNITool

They're not supposed to. Judges are supposed to interpret and enforce the laws that legislators (senators, representatives, on state & federal level) create. Sometimes, some Judges overstep they're bounds in interpreting law to encompass other situations where the law is either unclear, or non existant. This is commonly known as 'legislating from the bench'.

No. The interpret the law made by others.

Sierra One

I don't think so . I think they just adjudicate

davidg32

They're not SUPPOSED to...but because judges are often politically motived people, they often do.
For example:
The US Constitution clearly states that no person shall be deprived of their property without due process. But a conservative congress passed a law (under the excuse of fighting against drugs) that allowed law officers to confiscate cash...even without going through any due process proceedings. The courts should have declared this statute unconstitutional and threw it out...you cannot change the Constitution just by making a law...it must be changed by amendment. But many conservative judges figured...well...what the hell...these people are drug dealers, after all...so we're going to let it stand. By doing so, the courts were "legislating" from the bench...i.e.: by not tossing out a clearly unconstitional law (which was their job that they had sworn to do), they in effect "made" law.
As a general rule, liberal judges have done far more of this legislating by judicial fiat than conservatives...often because...though the law "technically" says one thing...they think it OUGHT to say something else. So we get rulings that are in direct opposition to what the law clearly states.
I'm not a fan of George Bush....but one thing I'll (reluctantly) give him credit for doing right is appointing two Supreme Court justices who at least promise that they will interpret the law as written...not as someone might "wish" it were.
Hell of a shame when politics invades the law....

dawleymouse

No but they interpret the legislation

Bridget F

No. Legislation = making the law. That is done, in democracies, by elected politicians.
Judges interpret what the law means in practice.

For example, if the legislators were to write a law which says "It is not permitted to play music unreasonably loud" then the judges may be left to interpret what "unreasonably loud" means.

samzgaastra

They adjudicate, politicians legislate.

captain fantastic

no, government legislates

Cymru lover

please note I'm on about the UK........they are not supposed too... and by definition they are the judiciary, 'they are there to apply the law passed by the legislature (parliament) to the facts and pass judgement on the case to enforce the rules that govern our country.....

In a democracy the three power that is the executive, legislative and judiciary should be kept separate without interference from either of the two other bodies............ does this happen in practise?

well to thoughts on the subject, the first view is that there should be a system of checks and balances to keep one another in check,..... this is the case in the UK to some extent.

the alternate view is that the judiciary although they aren't supposed to do move away from the prescribed limits and do end up chaining the law,..... they set 'precedent' that others follow .... a good example of a judge that changed the law Lord Denning ....what a character he was...! if your doing a law degree then you'll know about or no doubt hear of this chappie.

so in answering your question.... yes they do...... it's one of the main foundations of the UK's constitution (unwritten unlike USA) ...called common law.... judge made law!

Oobily Ghepp

No. They adjudicate.

In other words, they have the task of interpreting laws and applying their interpretations to the cases in front of them

Jackie B

yes

Hilary Y

No - the legislature i.e. the government legislate - create the laws.
Judges interpret them when dealing with cases before them.

Hope this helps.

bullwinklejmoose

No they adjudicate.

Mariposa

No. Senators and state reps make legislation and the courts interpret the legislation to decide who is right and who is wrong. It is a checks and balance system in the US.

srracvuee

they adjudicate they are in no position to legislate that is done in parliament by the ruling government if it gets through

truth be told

No. They interpret. For example, the Constitution bans cruel and unusual punishment. That's the law. But what exactly does it mean? Is whipping someone cruel? Electrocuting them? Judges have to debate and decide what exactly qualifies as being cruel. If they decide that hanging someone is cruel, it then becomes illegal to hang someone.

Sam

yes

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