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These may be worthwhile points to pursue, but it's not the jobs of the magisters to legislate from the bench. When you ask "why not create a law", this is a que
by Sacho 10y ago
These may be worthwhile points to pursue, but it's not the jobs of the magisters to legislate from the bench. When you ask "why not create a law", this is a question to direct to the politicians you elect, not the magisters who apply the law.
- nkkollaw 10y agoIt's not their job per se, but they don't blindly follow the law, they apply it. There are many, many cases where a judge will go against a law and create a precedent, which most of the times will be followed in following trials if the situation is the same or very similar.
- Heliosmaster 10y agoOne thing: italian law follows civil law, not common, so precedents are not like in the US (https://en.wikipedia.org/wiki/Precedent#Civil_law_systems https://en.wikipedia.org/wiki/Precedent#Civil_law_systems).
- nkkollaw 10y agoIt's similar, actually. They still take precedents into great consideration, although they're not binding.