4 ms·
That's why there's separation of power in democracies. Not the government (i.e. the executive branch), but the courts are in charge of deciding what's "false"
by goerz 10y ago
That's why there's separation of power in democracies. Not the government (i.e. the executive branch), but the courts are in charge of deciding what's "false"
- saurik 10y agoThe courts of the judicial branch are generally supposed to (I realize this is blurry) interpret the law put together by the legislative branch, not define it. Let's look at the DMCA for a second, which makes certain actions users can perform to devices they own illegal: the courts could claim the law is inconsistent with some "higher law" (such as the Constitution), but it is absolutely Congress which defined what is and is not "legal". (Though, to make that specific matter even more complex, while they had the say in what finally happened, the executive branch there had tons of leverage as the DMCA is essentially mandated to exist in a form similar to the one it does by a treaty signed by the President, so it would have been complex to say "nope".)