Sorry if doubly posted. Damn third world ISPs.
Ever been to the Netherlands? It's not the United States, believe it or not. Their judicial history and mindset is different than yours, or more accurately, what you perceive those of your country to be (I'm assuming from your solipsism that you're American). They don't consider the American '"separation of powers" thing' so pesky as it doesn't apply to them.
And if you think judges don't make new law in the U.S.A. and neither are they supposed to, you are sorrily mistaken, young v1. They are not supposed to use their powers of compulsion to harass people whose behavior they abhor into acquiescing to non-existent laws, but that's a very different thing.