adaliabooks: I have to disagree with that.. I think that anyone making a decision like that has to take morality into it (whether they are a judge or jury or whatever), that's surely the point of their job?
No. The point of juidiciary's job is to interpret existing law, in case there is any argument over it. Only. Without looking at its consequences, moral or otherwise (that's the legislature's job, who
should look at the consequences of the laws they create, something they seem to forget about).
Think about it: the alternative is that the legislature becomes completely irrelevant. It won't matter who's in the house of representatives because
any law they make can be overriden by the judiciary who'll declare it "immoral". The juidiciary will have way too much power.
Separation of powers was made for a reason*, and you really don't want to change it just because it happens to suit your view now.
*digression in post below
EDIT:
I'd much rather live in a state where doing X is illegal and heavily punished (even though I strongly disagree about it) but clearly stated that it is so, than one where the legality and punishing depends on the whim of a judge.
Caught doing X? Well, let see whether today's jury thinks it moral or not. In the first case you can do your best to have the legislature change the law. In the second you never know where you stand.
It's a really sad state of affairs where the US Supreme Court has become a third legislative chamber rather than what it was originally appointed to be. Montesquieu's
trias politica seems to be completely forgotten.