The Threat Posed By The SCs Growing Authority + Influence

Question 1

What is the belief that the SC is growing too powerful

Answer 1

-a blurring of the traditional lines that divide those who ‘make’ the law like the politicians and those who ‘apply’ the law like the judges
-senior judges have become ‘politicians in robes’ or are ‘legislating from the bench’

Question 2

Why is the distinction usually flawed

Answer 2

-historically senior judges have played role in interpreting + clarifying the law when resolving disputes arising under it
-in this sense SC ability est precedent through common law always be seen as ‘quasi-legislative power’

Question 3

What is quasi-legislative power

Answer 3

-where impact of differences in the courts interpretations over time can appear equivalent to legislative change even tho parl made no changes to statute law