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Legal Precedent: Legislating from the Bench

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Abstract
Because the judiciary's duties are not defined in the Constitution, its role in the policy-making arena is often debated. The Supreme Court's mandate says Michael Perry, "is not to do justice as the justices understand justice....It is rather to make sure that the laws and political choices are in conformity with the Constitution." Justices do legislate from the bench, argues Jonathan Varat. "No one who interprets the law with discretion and has to make a choice is not making law.....Ask the question whether the particular exercise of authority is justifiable rather than pretending that they either do or don't do something that they do all the time."
Series
American History, American Government and Politics, Civics, Framework for Democracy
Duration
00:01:23 (HH:MM:SS)
Language:
English
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