Why do courts make law?

Answer 1

because somewhere along the line they forgot that they were just supposed to adjudicate existing law but instead decided that they wanted to be the legislative and the judicial both and make laws as well.

Answer 2

Courts do not make the law (in USA), contrary to what some on the right-wing seem to think. Nor does the President. Making law is the duty of Congress, not the other two branches of government.

However, because laws must conform to the Constitution--and because unanticipated cases can raise questions about the most clearly written law, we have a system of "judicial review." When a case comes before the review courts--ultimately the Supreme Court, they have the responsibility of deciding whether a law is constitutional or not. In cases where the law's meaning ina case is not clear, tey also interpret that as well.

Why do it this way? I t is part of the checks and balances set up by the framers of the Constitution to limit the power of government and help protect our liberty and rights. Courts, by the way, do not have the final say. Laws can--and often are--rewrittten to overcome problems the Court has identified. And even in an issue where a law is clearly unconstitutional, Congress can pass and send to the states for ratification an ammendment to change the Constitution (its up to 3/4 of the states to ratify such an ammendment, of course).

Finally, in some cases, the Courts can and do order that a law be enforced when it has been ignored--as was the case in the 1950-60s with school segregation. But in this, the Court was doing no more than any other court does--acting to enforce the existing laws of the land in the face of criminals (the white supremecists in this case) who were breaking the law.

Answer 3

They don't. They interpret the law. If the law is vague then it's the fault of the legislature that passed it. A court may also find that a particular law is unconstitutional. Again, it's the responsibility of the legislature to make sure that legislation they pass is constitutional.

Answer 4

Courts do not make laws. Government legislatures make laws. The courts enforce them.

Answer 5

those are called "case laws" and although they are legally binding, they can be overturned by another court ruling against them.

Answer 6

ther legistlature makes them, so when we break them, we have to pay the courts our money for doing so.