3 ms·
Historically in the US, the judiciary has interpreted laws, and those interpretations are codified as case law and create precedents that bind future court acti
by zamfi 6y ago
Historically in the US, the judiciary has interpreted laws, and those interpretations are codified as case law and create precedents that bind future court actions in many, if not most, cases.
We could argue about scope, but we can’t really argue about whether the power exists. And that’s to say nothing of SCOTUS, which gets to interpret complex notions like “freedom”, “liberty”, “search”, “privacy” and so forth as used in the constitution, laws passed by congress, etc.
- JumpCrisscross 6y agoCorrect, common law courts make law. That doesn't mean they decide if a thing is right or just or moral or okay. Coloring within the lines versus drawing new ones. The boundary is blurry. But blurry doesn't mean nonexistent.