Again, there is no liberty if the judiciary power be not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would be then the legislator. Were it joined to the executive power, the judge might behave with violence and oppression.
Charles de Montesquieu
Therin lies the warning to beware of judges that try to legislate from the Bench. It is the court’s job to interpret the Law, NOT make it!
It just goes to show you that over time every check and balance on power will be subverted by the power hungry.