The decisions of law courts should never be printed: in the long run, they form a counter authority to the law.
Sentiment: NEGATIVE
Judges should interpret the law, not make it.
Even when laws have been written down, they ought not always to remain unaltered.
The Court's legitimacy arises from the source of its authority - which is, of course, the Constitution - and is best preserved by adhering to decision methods that neither expand nor contract but legitimize the power of judicial review.
Judges wear legal professionalism and precedent as a mantel that secures legitimacy for their decisions. It's how they distinguish themselves from politicians or administrative agencies, while wielding power that is sometimes much greater than those democratically accountable actors.
Courts of law, and all the paraphernalia and folly of law cannot be found in a rational state of society.
It is a maxim among these lawyers, that whatever hath been done before, may legally be done again: and therefore they take special care to record all the decisions formerly made against common justice and the general reason of mankind.
Judges should always behave judicially by adjudicating, never politically by legislating. I leave policy to policymakers. They're preeminent, but they're not omnipotent. In other words, lawmakers decide if laws pass, but judges decide if laws pass muster.
In a constitutional democracy the moral content of law must be given by the morality of the framer or legislator, never by the morality of the judge.
Judges are real people with real-world experiences and backgrounds. We cannot expect them to erase their experiences and backgrounds from the mindset that informs their judicial decision-making.
A judge's role is to ensure that the legislature remains within the limits of its assigned authority under the Constitution. Judges have no authority to second-guess the wisdom of the value judgments and policy choices the legislature has made.
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