The
question boils down to whether or not politics and law should mix, and if so, to what extent. Of
course, the two can't be separated completely, but it's nonetheless possible to establish a
relatively clear dividing line between them. That being the case, it could be argued that judges
should not be subjected to the democratic process. Think of the characteristics we often
associate with the ideal judgefair, impartial, judicious, balancedand then further consider how
they could possibly be reconciled to a process which of its very nature is contentious and
partisan.
Judges are there to interpret and apply the law, not carry out
specific policies endorsed by the electorate. Their primary duty, therefore, is to the law,
notdirectly, at any rateto the people. And the law must be interpreted and applied on strictly
legal criteria, not on the basis of what the voters want. Sometimes it will be necessary for
judges to go against the prevailing tide of public opinion in relation...
No comments:
Post a Comment