Courts that interpret the written law and through contortion apply statutes to suit the benches prejudice, didn’t write law either; but, the precedent set if not stricken upon appeal is equivalent in effect.
“Courts that interpret the written law and through contortion apply statutes to suit the benches prejudice, didn’t write law either; but, the precedent set if not stricken upon appeal is equivalent in effect.”
Of course courts can interpret written law and apply statutes till the cows come home. I have no problem with that in a court’s opinion. No law has been created. Only a legislature can write law.