on interesting thing:
this means, as a practical matter, is that in common-law systems, judges effectively make laws
If that is true than in the USA the use of common law is illegal- United States Constitution states that Congress has the sole power to legislate for the United States. Under the nondelegation doctrine, Congress may not delegate its lawmaking responsibilities to any other agency.
Thoughts?
on interesting thing: this means, as a practical matter, is that in common-law systems, judges effectively make laws If that is true than in the USA the use of common law is illegal- United States Constitution states that Congress has the sole power to legislate for the United States. Under the nondelegation doctrine, Congress may not delegate its lawmaking responsibilities to any other agency. Thoughts?