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by ajkessler
5264 days ago
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In theory, you're right: courts don't make laws. In practice, courts make law every day. This is intuitively obvious (e.g. If law says you can't do A or C but says nothing about B, and the court says "B is really just like A and C, so B is also prohibited under the law", the court has just made law)[edit: perhaps not so obvious if you don't practice law, but courts do this every day], but also goes deeper: The very idea of judicial review itself was invented by the courts (see http://en.wikipedia.org/wiki/Marbury_v._Madison). |
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