Making sure judges make only popular decisions
A couple of years ago, I told a visiting American friend that, despite all else that was wrong with American politics, the thing that worried me most pressingly was the moves I saw to vilify the judiciary. What with the Schiavo case and all the fire-breating foomph about "activist judges". He felt strongly that I was being alarmist. That both the Constitutional separation of powers and the reasonableness of the American people -- admittedly demonstrated in the Schiavo case -- would make the issue a non-starter. I wish he'd been right, and I could eat my humble pie in peace, but there's a din in my ears. It's the sound of those trying to oust judges and make them subservient to the same populist mechanics as politicians. See this Slate op-ed piece for a view on the threats to an independent judiciary: Bench-Clearing Brawl. Popular decisions are super. Justice, however unpopular, is better. (Illustration: The Spanish movie poster for "On the Waterfront". Read the article to see why.) .. |
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