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Reply #5: enforce is the wrong term, should have said "apply" [View All]

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tocqueville Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-27-09 11:24 AM
Response to Reply #3
5. enforce is the wrong term, should have said "apply"
of course the ruling must be constitutional, that is to follow the intentions of the lawmaker (which one can hope has checked before that the law to be voted was constitutional).

but there problem is still there. If it is the judge(s) personal political taste that in the end defines how the law should be interpreted (specially when you refer to "translation" of old texts written in a different context) giving a thumbs up or down for the sentence, you'll get an "ad hoc justice" depending on the current dominating opinion. Which is extremely dangerous in the end.

"the court is in effect giving a thumbs up or a thumbs down to the law"

what's that ? a "judiciocracy" ? Congress (or whatever body) shall make law, not courts. Courts are only an instrument.

obviously the concepts between the EU and the US vastly differ

in many European countries (inclusive France) judges are appointed by their peers to ensure the lack of political influence from politicians.

the equivalent of "Supreme Courts", don't deal with constitutional matters, there is no need because all laws are already constitutional or else they couldn't be voted.

a constitutional council (composed of lawyers and laymen) appointed for ten years (case France) checks the constitutionality before the law is passed. Then judges can apply the law and "interpretation" is seldom required. If there is such (jurisprudence) a new law more adapted to the new cases will be required.

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