“Should a judge enforce the law or make decisions based on his own views?”
Um, did you not take civics in high school? Three distinct and separate branches of government; one cannot tell the other what to do. This includes the judicial branch having oversight of the legislative branch. The legislative branch cannot make laws the judicial branch believes is against our rights. The judicial branch is free to say a law will not be enforced. This includes juries. Lawyers like to call it “jury nullification” and try to tell juries they must enforce tyrannical laws. The fact is the founding fathers made the jury system such that bad laws can be ignored by the jury/judge and must be or else the legislative branch can, and currently is, get out of control.
hmmm. So, the judge is allowed to make up his own laws. Interesting. Isn't that 'legislation from the bench'?