Comments on: Lovin’ Me Some Activist Judges

By: Factory

Factory — Wed, 03 Dec 2008 16:28:01 +0000

Tomayto, tomahto.

By: Lisa Kansas

Lisa Kansas — Wed, 03 Dec 2008 04:49:31 +0000

Or it’s possible that the post author was using “activist” sarcasticallly, as she’s well aware that said judges will be immediately dogpiled by the nearest offended citizens and labeled as such. She (the post author) merely thinks of them as “judges,” doing their “judicial job.”

By: Factory

Factory — Tue, 02 Dec 2008 23:21:12 +0000

That’s a tough question to answer, especially when you use the actual concept of unbiased juduciary to illustrate activist judges actions.

Of course, that’s not what’s really under discussion.

So, let’s just say that if a Judge has an agenda, or favoured outcome (activism necessarily entails that he/she does indeed have that), then it will bias the Judges rulings, possibly even the outcome of the case.

Of course, via the concept of case law / precedents this effectively means legislating from the bench (literally) out of bias.

Ergo, “Activist Judges”, by definition, subvert the Justice System.

By: Antigone

Antigone — Tue, 02 Dec 2008 23:14:26 +0000

So, you think it’s impossible to interpret the Constitution, in a fair and impartial way, to say that a law is wrong? Like, they’re just pulling it out of thin air? I think you’ll find a lot of activists didn’t become an activist because they felt like being unfair and completely biased.

By: Factory

Factory — Tue, 02 Dec 2008 23:12:02 +0000

Hmmm, I thought the words “fair and Impartial” were in that whole “due process” concept. Aren’t Judges supposed to be impartial? Isn’t that, indeed, their very PURPOSE?

So how do you be “activist” and “impartial” at the same time?

By: Lisa Kansas

Lisa Kansas — Sun, 30 Nov 2008 09:26:46 +0000

Me being lazy, sorry! It means, “I Totally Agree with you, Antigone.”

By: Antigone

Antigone — Sun, 30 Nov 2008 06:52:12 +0000

What’s ITA?

By: Lisa Kansas

Lisa Kansas — Sun, 30 Nov 2008 06:10:15 +0000

ITA.

By: Antigone

Antigone — Sun, 30 Nov 2008 04:29:28 +0000

I don’t see how this is getting around “Due process”- this IS due process.

By: Factory

Factory — Sun, 30 Nov 2008 01:45:27 +0000

Great way to get around due process and fair consultation though…..IF you agree with the outcome.