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  1. #1
    Join Date
    Jun 2006
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    Lightbulb Should judges be allowed to make law without a dispute occuring?

    I would like to know if judges should be able to make law without a dispute occuring? lin_hope (Selangor,Malaysia).
    Based on my opinion i would say, yes they should be able to make law. It saves more time and money. Furthermore, it keeps up with peoples changing value. I would like to know what would your opinions be like. Thank you for your time.

  2. #2
    Join Date
    Mar 2005
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    Michigan
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    Default Re: Should judges be allowed to make law without a dispute occuring?

    You mean in general, or in Malaysia?

  3. #3
    Join Date
    Jun 2006
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    Default Re: Should judges be allowed to make law without a dispute occuring?

    In general.

  4. #4
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    Arkansas
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    Default Re: Should judges be allowed to make law without a dispute occuring?

    What judges should do is to interpret the law. They do this in light of particular cases and actual legal disputes--not hypothetical situations. It is important that a particular legal process gets followed before judges render a decision and each party should have the opportunity in pleadings, briefs, oral arguments, and otherwise, to argue why the judge should decide a particular point of law in their favor.

  5. #5
    Join Date
    Jun 2006
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    Default Re: Should judges be allowed to make law without a dispute occuring?

    Interesting. Good topic.

  6. #6
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    Michigan
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    Default Re: Should judges be allowed to make law without a dispute occuring?

    There are circumstances where a court's advisory ruling on an issue of law can be helpful to a lower court or legislature, which is why most jurisdictions allow at least some limited form of advisory opinion to be issued. But absent such an unusual circumstance, making law without a case or controversy is an act of legislation, and thus is an act which should be performed by a legislature.

  7. #7
    Join Date
    Jun 2006
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    6

    Default Re: Should judges be allowed to make law without a dispute occuring?

    this is nicholas. im just replying so when you see that you've got one new repley, you'll get all excited. lol. but actually, its nothing.

  8. #8

    Default Re: Should judges be allowed to make law without a dispute occuring?

    huh... seems that there are plenty of you kids doing your homework here...

    well, for starters, judges are appointed individuals so any proposed law made by them without a forthcoming dispute may have an ulterior motive. Furthurmore, since the judges who are making the law may be limited to 1-5 judges, laws which are made does not have the equal credibility as the laws made by the parlaiment where over a hundred elected members can look through it (this is in context of making laws from thin air; not case-laws)

    good luck.

  9. #9
    Join Date
    Jun 2006
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    22

    Default Re: Should judges be allowed to make law without a dispute occuring?

    Quote Quoting FelixmagicBag
    huh... seems that there are plenty of you kids doing your homework here...
    good luck.
    For the last time, we are NOT kids, and we are NOT doing any homework. The term would be RESEARCH. Thank you, and please don't repeat this. It's getting cumbersome explaining this.

    Judges should not be allowed to make law without a dispute as we cannot scrutinize each decision well. A law is passed by the court, the punishment is carried out, and thats it. Theres too much weight in the judges law making power, which makes him, literally, God. He can make decisions according to his OWN mindset. Thus, this system should be removed.

  10. #10

    Default Re: Should judges be allowed to make law without a dispute occuring?

    There's no need to be rude.

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