
02-01-2012
|
 |
Senior Member
|
|
Join Date: Nov 2010
Location: Central Coast, NSW
Posts: 3,917
Rep Power: 2
|
|
Quote:
Originally Posted by jzk
Yes, they are the final word on the matter until they decide to have another word on it.
|
Well, until a case comes along the appeal chain that also deals with the same issue of Constitutional law and has enough difference from preceding cases to warrant a majority of judges accepting the case (rather than reject the appeal). It's not like they can decide on their own to change the law, they can only wait until someone makes it through the system challenging it.
So yes, the possibility exists, but I wouldn't hold my breath. Most judges have a deep respect for precedent as it makes the judicial system predictable (as it should be). The judge on the Supreme Court bench who shows the least respect for precedent has also concurred with the decision... in other words, you'll need to wait for a few judges to shuffle off their mortal coil before getting another bite at the apple.
Quote:
|
Thats fine as long as the nine life appointed Constitution "re-writer do the "right" thing. What do you do if they don't?
|
Well, you could, as you suggest to others change the Constitution. They can only interpret the law - not change it. So long as your change explicitly rules out the interpretation they might wish to apply, you still have power over the system. Right down to changing the conditions of a Supreme Court judge's appointment and time on the bench if you so choose.
Goose meet gander
Quote:
|
I mean, we could have a dictator. And it would be entirely possible for the dictator to always do the right thing. Until, of course, he doesn't. Then what?
|
Sure you could. You'd need to change the system to have it legally though. We are talking about what can occur in the context of decisions and powers being legal right? If not, there isn't a need for me to worry about the flexibility (or lack thereof) of the Constitution
Quote:
|
No problema, just noting it. The Cornell site is excellent in that anyone can have access to these opinions at a moment's notice.
|
Got it bookmarked now for the purposes of quoting the decisions in question. I still like the PDF's for reading at my own leisure
|