Wednesday, March 16, 2016

Judicial Partisanship

As those of a sensitive disposition prepare to avert their gaze from the rise of the appalling Trump and its possible consequences, the United States are facing one of their periodic wrangles over the appointment of a new Supreme Court Justice.  This has far more significance across he Pond than it does here, for which we should be truly thankful. Mercifully we do not have partisan judges in our highest court - let's keep it that way.


10 comments:

  1. What amazes me is that Americans don't even understand what a ridiculous judicial system they have...

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    1. Or what a trump is in English vernacular...

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    2. As one with deep ties in both Scotland and the USA may I interject that, indeed, many if not most Americans see the absurdities in their political systems, but have neither the concerted will nor means to do anything about it. Far worse than the judiciary, for example, is the "electoral college" system of electing a president by which the majority of popular vote does not guarantee the actual winner.

      And, thanks to the expat comedian John Oliver, they now know the implications of a a loud, embarrassing trump. So there's that.

      But if any were to read the above post from Thomas, they would reply "But at least we don't have a monarchy."

      But I am wont to point out to them from time to time (to their annoyance) my prediction that within 200 years the UK will have lost its monarchy but the US will have created one. My reasoning is that, once the mega billionaires who have bought the US political process (as even now is taking place) have gained their objective and have, perforce, become as rich as Croesus' younger brother Dave, then how else to validate their self image than by God's hand descending from heaven (cf. Monty Python) and naming them royalty? They already have "royal" families aborning (see Bush, Clinton), and the requisite retinue of lackeys and toadies, pretenders, retainers and spear carriers, each with their own eyes on the crown. It's only a matter of time.

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  2. I think there are three reasons why our judges are not seen as politically partisan:

    1) they don't have the power to overrule the legislature, as SCOTUS does by reference to the constitution
    2) There are twelve of them. Most cases only have five justices sitting, important ones seven, and exceptionally nine. It's not good appointing a judge to provide a casting vote on an important future issue - they might not even hear it. By contrast, all nine US justices sit on every case, meaning that an appointee will definitely get to vote on every issue.
    3) Ours don't last very long. It's rare to be made up to the UK Supreme Court before you're in your late fifties at least, and you're kicked out again when you're seventy. Scalia was in office for only a few days shy of three decades. Four of the current justices have been in office for over twenty years.

    An appointment to the US Supreme Court truly does shape the country's law for a generation, often on causes held very dear by many. No wonder it's bitterly fought. Mind you, it's not quite so neutral here as it seems. If you had a human rights case against the government, you'd certainly be crossing your fingers and toes not to get Sumption...

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    1. Good note, especially (2) and (3). I agree.

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  3. of course the left of centre leaning to this blog in recent times has been well hidden such that readers couldn't possibly guess the political views of some of its thread contributors....

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    1. It is odd that, as the country descends into chaos (as it surely will when our energy infrastructure collapses) all the establishment and chattering classes affect a left wing viewpoint. I would not have associated the magisterial classes with such mindless slurs as 'appalling Trump' but then again I would never have associated junior doctors with the sentiments one of them expressed recently, when he tweeted that he would like to 'kill all Tories'... I wonder why, when people lose the ability to critically judge an argument and start using emotive language, they invariably turn to the left wing...?

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    2. The answer is, that they do not invariably do so.

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  4. No partisan judges? Yer 'avin a laff!

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  5. Not just the thread contributors

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