{"id":9035,"date":"2022-07-07T18:02:07","date_gmt":"2022-07-07T15:02:07","guid":{"rendered":"http:\/\/www.liberalglobe.com\/?p=9035"},"modified":"2022-07-07T18:02:09","modified_gmt":"2022-07-07T15:02:09","slug":"us-juristocracy-the-enemy-within-the-walls","status":"publish","type":"post","link":"https:\/\/www.liberalglobe.com\/?p=9035","title":{"rendered":"US Juristocracy: The “Enemy” within the Walls"},"content":{"rendered":"\n

The decision of the US Supreme Court to leave it to the State Courts and State authorities to decide whether to allow abortions, in what time limits and under what conditions is a condemnation of Liberal Democracy. However, it is not an unprecedented decision that takes the USA back to the Middle Ages, pointing parallel questions about the way American justice works. At the same time, a few days ago a decision of the same court allows American citizens to carry weapons in public, describing these decisions, a situation in political science and sociology known as juristocracy.<\/p>\n\n\n\n

In 2010, we will see how the same court decided that individuals and companies should be able to support without a ceiling any political person or political party they wish. Days between the entanglement of money and politics. In 2015, the same court in its ruling imposed restrictions on the right to vote of minority groups. Today, the Republicans based in this county have excluded from the elections large parts of these population groups. Increasing judicial intervention in politics contributes to diminishing the role of the representative institutions of democracy.<\/p>\n\n\n\n

Juristocracy<\/strong><\/p>\n\n\n\n

The decision on abortions was a decision to return to the Middle Ages, but it was not something unheard of given that because of it months of leakage regarding the decision, however, it is another example of the continuous overlapping of the actions of the Institutions of the Representative Democracy (Senate and House of Representatives) from the decisions of the Supreme Court.<\/p>\n\n\n\n

At the same time, we have the ever-increasing intervention of US Presidents, culminating in Donald Trump, in the appointment of Supreme Judges of people who essentially think like themselves (please read the analysis titled “Freedom in the US in the “Judicial Executive Detachment<\/a>“). No meritocracy applies in the appointment of these chief justices. On the contrary, the closer politically they are to the presidential power, the greater their chances of being appointed.<\/p>\n\n\n

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In Europe things are not better. The German Constitutional Court in May 2020 almost blew up EKT’s Pandemic Emergency Purchase Program (PPP) to deal with the pandemic and the creation of the Recovery and Resilience Fund. Under the pretext of violating “EU proportionality”, German supreme judges believe that “EU proportionality” issues should be decided by national courts and not by the ECB or the Court of Justice of the European Union. In other words, what does the unprosecuted Kaczynski do differently, when he claims that Polish Law prevails in matters that benefit him from European Law?<\/p>\n\n\n\n

In France, Spain and Germany, of course, there is a hard bra de fer between the representative Institutions and the courts. In these countries by 2000 the courts had struck down more than half of the laws in (Governing with Judges: Constitutional Politics in Europe, Alec Stone Sweet, Oxford University Press, 2000<\/em>) and forced their national parliaments to reinstate them in another form. But as Alec Stone Sweet used to argue, if you rule with the judges you become a judge yourself and (complementing him) if you judge like a politician you become a politician yourself.<\/p>\n\n\n\n

The executive power that rests in the parliamentary democracy, is the elected representatives, the spokesmen of the representative democracy. However, the judges are not elected. Their role is not to legislate, but to control the legislators and the executors of the legislation.<\/p>\n\n\n\n

The dangerous phenomenon<\/strong><\/p>\n\n\n\n

Judicial intervention in politics often aims to strengthen political actors who seek to maintain their hegemony through strengthening precisely these interventions. We did not have to wait for the US Supreme Court to see the close relationship of judicial decisions with political expediency and political leadership.<\/p>\n\n\n\n

The necessary check on executive and legislative power in Western democracies has resulted in a “new constitution”, according to which parliamentary errors are corrected not by parliament itself but by the judiciary. Here lies the danger that she will turn from a judge of the constitutionality of the legislation into a legislator. This must be prevented if we love democracy.<\/p>\n","protected":false},"excerpt":{"rendered":"

The decision of the US Supreme Court to leave it to the State Courts and State authorities to decide whether to allow abortions, in…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[390,819],"tags":[2263,2262,1162,3580],"class_list":["post-9035","post","type-post","status-publish","format-standard","hentry","category-politics","category-usa","tag-abortions","tag-abortions-law","tag-democracy","tag-juristocracy"],"_links":{"self":[{"href":"https:\/\/www.liberalglobe.com\/index.php?rest_route=\/wp\/v2\/posts\/9035","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.liberalglobe.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.liberalglobe.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.liberalglobe.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.liberalglobe.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=9035"}],"version-history":[{"count":3,"href":"https:\/\/www.liberalglobe.com\/index.php?rest_route=\/wp\/v2\/posts\/9035\/revisions"}],"predecessor-version":[{"id":9040,"href":"https:\/\/www.liberalglobe.com\/index.php?rest_route=\/wp\/v2\/posts\/9035\/revisions\/9040"}],"wp:attachment":[{"href":"https:\/\/www.liberalglobe.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9035"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.liberalglobe.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9035"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.liberalglobe.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9035"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}