The statement "Judges sing the song of the Legislature but sing in their own tune" suggests that judges interpret and apply laws created by the legislature, but they also exercise their own discretion and independent judgment in doing so. This phrase highlights the role of judges in the legal system and the delicate balance they must strike between upholding the law and exercising judicial interpretation.
When judges "sing the song of the Legislature," it means they are bound by the laws enacted by the legislative branch. They are expected to interpret and apply these laws impartially and according to their original intent or plain meaning. However, the phrase "sing in their own tune" suggests that judges have some level of autonomy and discretion in their interpretation of the law. They may consider additional factors such as legal precedents, constitutional principles, and societal values when making their decisions.
This concept reflects the principle of judicial independence, which is essential for maintaining a fair and impartial judiciary. Judges are expected to apply the law objectively and make decisions based on legal reasoning and principles, rather than being influenced by external pressures or political agendas.
It's important to note that this phrase emphasizes the distinct role of judges in the legal system and the separation of powers between the judiciary and the legislative branch. While judges interpret and apply laws, they do so with a certain degree of independence to ensure fairness, justice, and the protection of individual rights.