Learn English – the origin of the expression “legislate from the bench”

expressionsidioms

What is the origin of the expression "legislate from the bench" used to describe "judicial activism" in the United States? Do judges have different seating arrangements from congressmen?

In more detail, do legislators (congressmen) sit on different appliances as compared to judges? Why does "bench" imply the judicial branch more than the legislative branch? Do judges sit on benches while senators sit on armchairs?

In other words, what is the origin of describing the judges as sitting specifically on a "bench"? I assume what they sit on is padded just as much as your typical senator's seat.

Note1: @TimLymington pointed out in a comment that what is relevant is the length of the bench, with several judges sitting on it. Meanwhile, members of other branches of goverment usually sit on individual seats. This seems to be the explanation of the expression dating back to the 13th century. TimLymington can format his comment as an answer so I could "accept" it.

Note 2: the comment at wiki that the bench is where the judges sit appears to be incorrect. Rather the "bench" seems to refer to the table where they work.

Note 3. When a judge tells a barrister to "approach the bench", as in this post: https://xkcd.com/1153/ he typically does not mean to imply that the barrister should aim for the judge's seat, but rather the table/desk/bench.

Best Answer

As requested, a simple explanation. Judges sit not so much on a literal bench as at one; behind a long, heavy table, often raised from the rest of the court (compare a workbench; a carpenter or welder would be surprised to be given padded seating). The reason is partly historical, partly so that a panel of several judges can sit close enough to consult if necessary, and partly practical; litigants (including lawyers) are frequently disgruntled, but this way they cannot push the table over or physically attack the judge, which would involve a lengthy prison sentence.

The Bench is thus the distinguishing mark of judges, as The Bar is for advocates, arising from the former practice of lawyers standing within a bar in the courtroom, while laymen stood outside. A law student who passed his exams was called to the bar, and became a barrister.