Judicial inquiry vs. legislation
Defined in 1 dictionary — Case Law
Definitions from Case Law
From 211 U.S. 210 - Prentis v. Atlantic Coast Line Co. · 1908Most cited · 1,673 citing opinions
A judicial inquiry investigates, declares, and enforces liabilities as they stand on present or past facts and under laws supposed already to exist. That is its purpose and end. Legislation, on the other hand, looks to the future and changes existing conditions by making a new rule, to be applied thereafter to all or some part of those subject to its power. The establishment of a rate is the making of a rule for the future, and therefore is an act legislative, not judicial, in kind.