Government,
Judges and Judiciary
Feb. 21, 2007
Deprived of Truth, a Democracy Turns Hollow
The distinction between fact and law is both theoretical and very real. Judges decide the law, and people figure out the facts. But without real facts to work with, the democratic process goes down.
Robert L. Bastian Jr.
Partner
Bastian & Dini
9025 Wilshire Blvd, Penthouse
Beverly Hills , CA 90211
Phone: (310) 789-1955
Fax: (310) 822-1989
Email: robbastian@aol.com
Whittier Law School
The distinction between fact and law is a foundation of democratic justice. The right to trial by a jury of one's peers turns on the assumption that factual controversies will be submitted to juries and questions regarding the interpretation of law are decided by judges.
In a sense, then, justice turns on a basic distribution of power regarding fact and law. Judges may not decide facts and neither citizens nor legislatures may impose -absent an amendm...
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