this post was submitted on 19 Dec 2024
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Oh you want to move the goals posts from "derived powers" to "judicial action" ?
neat trick.
The injustice I described was the conviction of the accused. None of the agencies described have any constitutional powers relevant to such an injustice. There was no "moving of the goal posts": The agencies described are not relevant to the original scope.
You could make a good argument that the presiding judge and appellate courts also have some constitutional powers, however, the "separation of powers" drastically limits their ability to review legislated law. They can overturn legislated law on the basis of constitutionality, but they do not have the constitutional power to overturn a legislated law merely on the basis of irrationality or absurdity, as that is a legislative function and not a judicial one.
The juror is not restricted in this manner. The juror is free to determine that the legislators did not consider the specific circumstances of the accused when they prohibited the act for which the accused is charged. The juror is free to overrule the legislature on a case-by-case basis.