In the United States, judges have the power to interpret the law, but they are also bound by the text of the law. This means that they cannot simply ignore the law or make decisions based on their own personal beliefs. However, judges do have some discretion in how they interpret the law. They can consider the intent of the legislature when the law was passed, the history of the law, and other relevant factors. In some cases, judges may also look to other sources of law, such as common law or international law, to help them interpret the law.
The debate over whether judges should have the power to look beyond the letter of the written law is likely to continue. There are valid arguments to be made on both sides of the issue. Ultimately, it is up to each individual judge to decide how much weight to give to the text of the law and other factors when making a decision.
Arguments in favor of judges having the power to look beyond the letter of the written law:
* The law is not always clear or unambiguous. Sometimes, the text of the law can be difficult to interpret, and judges may need to look to other sources of law to help them understand what the law means.
* The strict application of the law can lead to unjust or unfair results. In some cases, the strict application of the law can lead to results that are not fair or just. Judges should have the power to take into account the specific circumstances of a case and make a decision that is in the best interests of justice.
* The law is constantly changing. Judges need to be able to keep up with the changing law and interpret the law in a way that takes into account the latest developments.
Arguments against judges having the power to look beyond the letter of the written law:
* Judges should not be allowed to make arbitrary decisions. Judges should be bound by the text of the law and should not have the power to make decisions based on their own personal beliefs.
* The law is the law. Judges should not be able to rewrite the law or make decisions that go against the will of the legislature.
* It can lead to inconsistency in the law. If judges have the power to look beyond the letter of the written law, it can lead to inconsistency in the law, as different judges may interpret the law differently.
Ultimately, the decision of whether judges should have the power to look beyond the letter of the written law is a complex one. There are valid arguments to be made on both sides of the issue.