Tilted Forum Project Discussion Community - View Single Post - interpretations, stare decisis, and judicial activism/tyranny

guy44 · 12-11-2007, 05:52 PM

I agree that judicial activism is a term used for political purposes, and nothing more.

Basically, I think its just a constant struggle. Of course stare decisis is important - if previous rulings don't stand, than how can anyone know what the law of the land is? On the other hand, if precedent isn't overturned, how can anything ever change in the light of changing times, newly developing science and technology, etc.?

There isn't one right answer (well, interpreting the Constitution to mean only what the Founders intended is actually dead wrong) and that is the point: it's this slow, steady struggle that allows our laws to change with the times - but not too quickly.

12-11-2007, 05:52 PM	#4 (permalink)
guy44 Somnabulist Location: corner of No and Where	I agree that judicial activism is a term used for political purposes, and nothing more. Basically, I think its just a constant struggle. Of course stare decisis is important - if previous rulings don't stand, than how can anyone know what the law of the land is? On the other hand, if precedent isn't overturned, how can anything ever change in the light of changing times, newly developing science and technology, etc.? There isn't one right answer (well, interpreting the Constitution to mean only what the Founders intended is actually dead wrong) and that is the point: it's this slow, steady struggle that allows our laws to change with the times - but not too quickly. __________________ "You have reached Ritual Sacrifice. For goats press one, or say 'goats.'"