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Old December 17th 04, 04:09 AM
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"Brian Running" wrote in message
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Um, wrong. If the courts rule it is illegal, then by definition it is
illegal. An example of how a court can legally make a law.


No, courts can't do that. If a court finds that something is illegal,
then
it is finding that someone broke a law, it is not making a law.


Not true at all. Take a basic college political science class. You are
talking about statutory law. Our constitution and many laws are very loosely
written in order to stay relavent. It is the job of the courts to take that
framework and interperet what is legal and illegal. This is called common
law. Once a ruling is made, stare decisis requires other courts to apply
this ruling to any similar cases.



 
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