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It'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 pr
by nkkollaw 10y ago
It'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.