Independent Judges

There is a fierce debate currently being waged in the United States over how independent judges should be. As students of common law learn, the common law judge both interprets law and makes law. But there is a clear distinction between the two. When the legislature or constitution speaks to an issue, it the judge's job to interpret what the law or provision means. So what happens when judges, while interpreting law, end up doing so in such a way that actually looks more like lawmaking? In America, there is a movement to limit the ability of judges to interpret law in a manner that is inconsistent with the intent of the drafters of the law or the Constitution. But some "legal heavywieghts" are weighing in on this issue opposing efforts to place constraints on judges. One such advocate of "judicial independence" is retired Supreme Court Justice Sandra Day O'Connor, who recently gave a speech at the University of Tulsa on this issue. O'Connor's comments in the Tulsa World are worth a look.