Representative Democratic Model- Selectable Offices Part Thirty-Six (Session Three) Balance Of Power In Democratic Models- Chief Justice Of Main State Appellate Courts
Representative Democratic Model- Selectable Offices Part Thirty-Six (Session Three)
Balance Of Power In Democratic Models- Chief Justice Of Main State Appellate Courts
The State Appellate Court which handles civil (dispute resolution) cases per equity is more directly connected to the People than the State Appellate Court which handles criminal cases per law. Imagine if their Chief Justice was originally selected through bid submittals by the majority of members of the House of Delegates/Assembly instead of by the speaker of that specific lower house. That Chief Justice would be more directly connected to the People that he/she should be.
He/she would be too directly influenced by the "Winds Of Populism" to protect, with uniformity and restraint, the basic needs and rights of the People. That State Appellate Court that this Chief Justice presides over would be too directly democratic and would be too close to the People to properly protect their basic rights and needs.
A government entity that is too homogeneous will become too autonomous. That breeds tyranny because of the polarizing factor.
Cliff
Notes Version: The State Appellate Courts which deal with civil cases
are closer to the People than State Appellate Courts that deal with
criminal cases.
Therefore their Chief Justice should be selected in a manner that is more
shielded from the People. If not, he/she would be too directly
influenced by the "Winds Of Populism" to protect ,with uniformity and
restraint, the basic needs and rights of the People.
0 Comments:
Post a Comment
<< Home