Courts as Law Makers

Abstract

In the last chapter we covered nearly every way in which the law is made. The final consideration on this subject, the role of the courts, was saved for this chapter. There is some logic in this, because, in general, law made by all of the agencies which have thus far been listed is subject to review in the courts. Courts decide in particular cases what the legislature meant (determination of legislative intent). They review acts of the legislature to determine whether or not they are valid under the federal and state constitutions. They also interpret and review legislation of administrative agencies and municipal corporations, watching to see that these enactments are “constitutional” and that they do not stray beyond the field marked out initially by the legislature in the basic enabling statute. In addition, courts may review the great outpouring of case law that comes from our administrative agencies. For example, they review holdings of the industrial commission in workmen’s compensation cases, decisions of the public service commission in public utility rate cases and decisions of the national and state labor relations boards.