On Mon, Jun 30, 2008 at 1:01 PM, Ian Kelly <[EMAIL PROTECTED]> wrote: > On Mon, Jun 30, 2008 at 12:51 PM, Roger Hicks <[EMAIL PROTECTED]> wrote: >> Haven't you followed modern american judicial proceedings? The law be >> damned. Legislation from the bench is the new politically correct >> wave. It is a convenient way to override the inconvenient majority. > > Not to turn this into a political thread, but the judicial branch was > never meant to be majority rule, so as to keep politics out of the > courts as much as possible. If it were otherwise, then Supreme Court > Justice would be an elected office. > Yes, I was referring to what seems to be a recent trend (though perhaps it's not as recent as I would believe) to use judicial review to throw out either direct majority rule decisions (ballot initiatives / state constitution amendments) or indirect ones (legislative law) NOT based on conflict with constitutional provision but simply based upon the partisanship of the judge(s).
I believe such actions would be interesting to experiment with here in Agora. I strongly believe such actions should not be experimented with at the State or Federal level of a world superpower. I now step down off my political soapbox. BobTHJ
