Jimmy (Jimbo) Wales wrote:
But as with questions of whether judges in wider society can (or should) change policy, it's not so easy often to draw the line between "following the law" and "making the law". This is particularly true when there are issues of interpretation and application.
Exactly. Judges become seized of a case and MUST make a decision based on the facts and the available law. Politicians have the luxury of waiting until the stars are right before they do something.
Ec