THE LAW IS NOW WHATEVER THE PC ELITE THINK IS A GOOD THING AT THE TIME

PP McGuiness on judicial activism: He notes that Australian High Court judge Kirby "goes further, attacking the critics of judicial activism and asserting that judges should not hesitate to make new law and overthrow old law on the basis of their own beliefs about what constitutes justice and human rights... He never faces up to the major complaint about his so-called reformation, that it removes any certainty about the law when a rule which evolved over hundreds of years, or an approach which has become relied upon over decades, suddenly becomes subject to unpredictable reversal on a retrospective basis" Sowell gives an American perspective on the same problem -- pointing out that a judge is now called "conservative" in the media if he sticks to applying the law instead of creating new law.


And some relevant satire: "Just moments after former Vice President Al Gore endorsed former Vermont Governor Howard Dean for President in Harlem yesterday, the Supreme Court overturned his endorsement by a 5-4 margin. The Court, finding the former Vice President's endorsement of Mr. Dean unconstitutional, transferred his endorsement to President George W. Bush instead. Writing for the majority, Chief Justice William Rehnquist said, 'There's really no explanation necessary -- we're the Supreme Court, and if you don't like it, you can stick it where the moon don't shine.'"