Civic · 6 pages · 12 min
Why a court is not a second legislature in theory
In theory a court decides disputes brought to it, rather than setting an open policy agenda.
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From the opening
In the standard theory, a legislature may take up problems, draft general rules, and choose among policies. A court is supposed to decide the dispute that parties bring, applying existing law to those facts and stopping at the remedy that dispute supports. The opening covers courts wait for a case, legislatures set their own agenda, and remedies stay tied to parties.
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Inside
- Courts wait for a case
- Legislatures set their own agenda
- Remedies stay tied to parties
- A ruling is not a new bill
- Where the idea stops applying
- A distinction worth keeping
Sources
- Separation of powers
- Cases and controversies