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Should judges uphold the Constitution and published laws, as written, or be allowed to legislate from the bench based on personal philosophies and interpretation of

Should judges uphold the Constitution and published laws, as written, or be allowed to legislate from the bench based on personal philosophies and interpretation of the laws? If they believe the laws are too harsh on the defendant and the Constitution is too stringent in its application, should they rule accordingly? Explain your position with specific data/examples

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