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Judge decides that he is a lawmaker now. This unfortunately happens quite a lot. It erodes trust in the judicial system

vanderZwan 3y ago
Aren't UK-style law systems kind of built upon precedents set by the interpretation of the law by judges? I don't like it either but that's how I've seen the differences explained
- spzb 3y ago
  Yes. I am not a lawyer, but if I recall correctly there are three types of law : statute (what parliament legislates), common law (that which has built up over the centuries as "just the way we expect the law to work" and precedent ("this was unclear at one point but courts down the years have been convinced that what it means is x"). Appeals are usually on the basis that the court has misunderstood or misapplied the law and the outcome of these appeals form the precedents for future cases.
logicchains 3y ago
In the common law system that's judges' job, to via precedent create law for things that aren't clearly specified in legislation. If the populace/legislature dislike it, then they can pass explicit legislation on the issue, which will override the precedent set by the judge.
- pylua 3y ago
  I definitely believe this to be true, however -- unfortunately this process is too slow and complex to act as a practical counter balance.
  - engineer_22 3y ago
    "move fast and break things" isn't the slogan of good governance
    - pylua 3y ago
      Let’s be honest they are way over their goodwill sla on fixing a lot of issues. But you are right —- it is not. I would object to someone saying the government can’t move faster and not break things, however.
denton-scratch 3y ago
The law exists; the judge didn't make it. But the law is expressed using loose terms that aren't closely-defined, so it falls to the judge to interpret the law within the circumstances of the case. This case is an appeal; if a judge in an appeal case interprets the law in a particular way, that sets a precedent that should be followed by judges in lower courts, if the circumstances are similar. That's not "making law"; laws here are written to be interpreted by judges, because that's how it works.
- Y_Y 3y ago
  This is called "case law" and is certainly in the English system considered to be "law".

Aren't UK-style law systems kind of built upon precedents set by the interpretation of the law by judges? I don't like it either but that's how I've seen the differences explained

spzb 3y ago
Yes. I am not a lawyer, but if I recall correctly there are three types of law : statute (what parliament legislates), common law (that which has built up over the centuries as "just the way we expect the law to work" and precedent ("this was unclear at one point but courts down the years have been convinced that what it means is x"). Appeals are usually on the basis that the court has misunderstood or misapplied the law and the outcome of these appeals form the precedents for future cases.

logicchains 3y ago

In the common law system that's judges' job, to via precedent create law for things that aren't clearly specified in legislation. If the populace/legislature dislike it, then they can pass explicit legislation on the issue, which will override the precedent set by the judge.

pylua 3y ago
I definitely believe this to be true, however -- unfortunately this process is too slow and complex to act as a practical counter balance.
- engineer_22 3y ago
  "move fast and break things" isn't the slogan of good governance
  - pylua 3y ago
    Let’s be honest they are way over their goodwill sla on fixing a lot of issues. But you are right —- it is not. I would object to someone saying the government can’t move faster and not break things, however.

denton-scratch 3y ago

The law exists; the judge didn't make it. But the law is expressed using loose terms that aren't closely-defined, so it falls to the judge to interpret the law within the circumstances of the case. This case is an appeal; if a judge in an appeal case interprets the law in a particular way, that sets a precedent that should be followed by judges in lower courts, if the circumstances are similar. That's not "making law"; laws here are written to be interpreted by judges, because that's how it works.

Y_Y 3y ago
This is called "case law" and is certainly in the English system considered to be "law".