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Benjamin Vincent V.

G02 - Statutory Construction

Judicial Legislation : The Pitfalls of Separation

The power of checks and balances teaches us that the law is interpreted by the judiciary but it
is made by the legislative and it is executed by the executive. This division is so that no one branch
may usurp all the power and commander the full extent of the law. It is however not without caveats.
The men entrusted to create said laws are some of the most inexperienced and questionable candidates
to boot. Whereas those who are entrusted to merely interpret said laws are lawyers who are held in
the highest degree of moral and academic standards. I understand that there is no educational
requirement when it comes to voting candidates for the state due to the wishes of our people to allow
anyone to serve our country. This is a gross mistake on our part, to entrust such great a burden to
people who are not even held to a standard of integrity much less intellect.

It paves the way for the creation of absurd and broken laws. You ask a carpenter to build your
house because that is his speciality. He understands what can and cannot be done. He understands not
to build your house on sand because he knows that is a poor foundation. In the same breath, why do
we ask laymen then to create our laws and not those who actually learned them? There is a phrase for
the act, it is called judicial legislation. It is illegal for it is an encroachment of the power of the
Legislative to create laws. However, such acts may be in fact beneficial to us. A law can fall into one
of the many pitfalls of congress and thus be stuck in limbo, forever a bill and never a law. The
implications that of which show that the turnover rate for new laws or curative laws are too long. The
time it takes to fix a law or outlawing a particular action would take years if not decades. Justice
delayed is Justice denied, our congressmen would be wise to heed these words.

Absurdity and delay are the biggest problems with laws nowadays. They lack the finesse and
the urgency that only the courts can accomplish for they are better trained and suited for the law than
anybody else. The constitution forbids however such acts by the judiciary. It limits them to merely as
an interpreter. I believe however, the court should be allowed the exercise of judicial legislation.
There are instances and situations that only a lawyer may understand the full effect and consequence
thereof. There are times that only a lawyer may see the singular thread running through the weave. In
short, only a lawyer can see the entire picture when it comes to the law. To deny the Supreme Court,
the highest court of the land, filled with the best lawyers, the chance to create laws in reaction to cases
brought before them is not only the heigh of injustice but also the fall of justice itself.

The law must give way and allow the courts to legislate under special circumstances. It is not
a usurpation, but rather a blending of powers. If the Executive can create laws the he deems fit, why
cant 15 veteran lawyers draft a bill of their own.