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I'm not sure I agree. I would think that an act can be considered illegal upon committing that act. The part that the judicial branch covers is whether you shou
by talmand 11y ago
I'm not sure I agree. I would think that an act can be considered illegal upon committing that act. The part that the judicial branch covers is whether you should be punished for it. A simple example is running a red light; it's clearly illegal with or without the judicial's opinion on the matter, but they may or may not decide to punish you for the act based on circumstances. For instance, you ran the red light due to a medical emergency and you saving a life may convince a judge to dismiss the fine. That doesn't suddenly make running red lights legal, even in other cases of emergency.
But, I would agree that there is lots of leeway with this because of things that seem illegal under an interpretation of the law but the judicial may aid in reversing that thinking. Which would likely end up affecting the related law in some way.
Your last few sentences I totally agree with.