TOD:
I think before anything becomes a LAW - it should be legislated NOT adjudicated. The idea that a judge SOMEWHERE can say THIS IS THE LAW and the entire country has to abide by HIS opinion is ridic! (As they might say in WEST SIDE STORY).
I agree with your concerns; however, judicial legislating is usually the result of a court deciding, when petioned, what an exiating law, does, in fact, mean. Also, a Judicial decision does not extend beyond the courts jurisdiction (Iowa judges rulings only apply in Iowa, Federal 9 th District Court rulings do not apply in Indiana.) Courts often do back-door legislating by declaring that a particular law is not valid because it violates a Constitution (state or Federal).
Most of the complaints against judicial activism are not that the Judge has said "this is the law", but rather, has said "this is not (or may not be) the law".
Unfortunately our current society seems to support the concept that anything I don't like should be against the law. "I don't approve of condoms" - so outlaw condoms." "I don't believe in spanking my children" - pass a law that says you can't spank yours, either. "I don't want Fries with my Burger" - enact a law that says Burger King must sell salads. "I don't believe in God" - pass a law that says you can't proclaim you do. "I think talking on a cell phone while at a dining table is rude" - outlaw cell phone useage in restuarants ... wait a minute, mabe that's not so bad

Much judicial mischief is facilitated because legislatures craft sloppy laws!
der Brucer