Word: saying
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Sotomayor's sincere opposition to judicial lawmaking should reassure conservatives who fear that she might be an empathy-driven activist intent on legislating from the bench and imposing her vision of identity politics on an unwilling nation. But is Sotomayor telling the whole story when she says Supreme Court Justices shouldn't - and don't - make policy? It's too bad that neither Sotomayor nor any of the Senators felt at liberty to say what many scholars and court observers believe to be true: Justices often legislate from the bench, and sometimes that's a good thing...
...will be swayed by empathy rather than the Constitution, but it's a less-than-complete description of how judges actually behave - or perhaps what she herself believes. At this point in our polarized judicial politics, it's too bad that Senators and Supreme Court nominees can't say in public what many of them recognize in private: Of course judges - both liberal and conservative - legislate from the bench, and on occasion, they even do it well...
...away with the post of independent investigating judge - a key feature of France's legal system - and place control of criminal inquiries in the hands of politically appointed state prosecutors. Citing a small number of high-profile instances in which judges have overstepped their investigative and detention powers, Sarkozy says he wants to reform France's inquisitorial justice system by moving it towards the more adversarial American and British model. French lawyers and judges are furious with the proposals, which they say will politicize the French system. "The intent of Sarkozy's plan is clear: to put investigations back under...
That question and its answer are exactly why France needs independent investigating magistrates, some French legal practitioners say. They point to the two terrorism cases as proof of the vital role of magistrates, who perform an evidence-collecting function that has been central to France's justice system for over 200 years. Sarkozy's proposed reforms will shift investigative power from independent magistrates to state prosecutors, who, critics of the reforms fear, might end up paying more attention to the political interests of leaders than to justice. That could result in French justice bending to the whims of politicians...
...Say this much for Roberto Micheletti: The Honduran coup leader, who refuses to let deposed President Manuel Zelaya back into the country, has at least turned Washington and Venezuelan President Hugo Chávez into diplomatic bedfellows. But can the Honduran crisis, as many are beginning to suggest, make acrimonious relations between the U.S. and Venezuela chummy again...