case law
Common law and case law is derived from previous decisions. There is no law based simply on common sense.
Common law is based on precedents (previous court decisions), under the doctrine of Stare decisis (Latin: Stare decisis et non quieta movere), which means "maintain what has been decided."
No, a judge's opinion must be based on statutory law, common law, or case law.
Previous Judicial Decisions
Previous Judicial Decisions
a large cultural and historical display
A judicial activist is a judge who holds strong opinions that influence their rulings. These judges can also attract certain plaintiffs based on their views.
The responsibilities of a judge include presiding over legal proceedings, interpreting and applying the law, making rulings and decisions, ensuring fair and impartial hearings, maintaining order in the courtroom, and protecting the rights of all parties involved. Judges are also responsible for writing opinions and issuing judgments or verdicts based on the evidence and the applicable law.
An 'activist judge' is a judge whose personal opinions and passions cause them to make rulings in favour of their own personal opinion as opposed to the rules of law. However, generally judges, who are called 'activist judges,' are really judges who have made a decision that a politician in power disagrees with vehemently.
Neither. Assuming you are talking about a common law jurisdiction, past court decisions are used because of a principle of law called "stare decisis" which simply means that judges should follow earlier decisions - particularly if they are from a higher court or the same jurisdiction. This ensures that the justice system is somewhat reliable and predictable. With modern electronic legal research methods however, one can usually find a previous decision that supports their legal position. It's then up to the Judge to interpret the law as it applies to the circumstances in that matter. The law can either be case law (previous judgments) or statute or both. If you think there is too much litigation in our society now, just imagine how it would be if Judges were allowed to decide matters based on how they felt. It would be a role of the dice each time you went to court.
Many local and state positions in the judiciary are done by ballot.Supreme Court Justices are put up for appointment, and vetted by our elected representatives. Let your Senator or Representative know how you feel.
The judiciary of democratic nations, judges are sworn to enforce and make decisions based on the laws that govern the judicial branch of government in any given country.