Wednesday, May 7, 2008

Activist Judges? False and Dangerous

Accusing the judges of becoming politicians is dangerous, not only because it is wrong, but because it elides the important role law plays as a source of predictability and restraint in the conduct of state affairs, and therefore as a source of strength and legitimacy to the wider constitution. As Bracton noted, the King may have no man above him, but is truly a King only where he reigns through law.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

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