- cross-posted to:
- worldnews@lemmy.ml
- cross-posted to:
- worldnews@lemmy.ml
Mexico is poised to amend its constitution this weekend to require all judges to be elected as part of a judicial overhaul championed by the outgoing president but slammed by critics as a blow to the country’s rule of law.
The amendment passed Mexico’s Congress on Wednesday, and by Thursday it already had been ratified by the required majority of the country’s 32 state legislatures. President Andrés Manuel López Obrador said he would sign and publish the constitutional change on Sunday.
Legal experts and international observers have said the move could endanger Mexico’s democracy by stacking courts with judges loyal to the ruling Morena party, which has a strong grip on both Congress and the presidency after big electoral wins in June.
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Speedrunning populism, let’s see how that goes. Cartels electing judges is my bet.
If that’s the case then the Cartels already elect/make most of the politicians — whom select the judges — so there’s not really much of a difference, is there?
Yes there is. You need the entire country for national elections and there is one government from one parliament. You might have the same on state level, where interference is easier. But you need thousands of judges in thousands of districts. That will become very easy to interfere with.
But a corrupted muncipal parliament does not have the saem effect, like a corrupted judge, who can let his buddies off free, while imprisoning journalists and other critical dissidents against the cartels.
like a corrupted judge, who can let his buddies off free
US “judge” Cannon enters the chat.
I just like the idea of a corrupt judge, in the US, getting primaried by a working class person. Obviously, with the correct counsil, if elected.
I want to believe those are the kinds of people this legislation is designed to support, in a perfect system.
If not, its just more fluff to jam up and backlog the beurocracy.
How it will play out is another story. Maybe Mexico will try it out.
I can say that unqualified judges generally cause the corruption more than the qualified ones.
There seems to be something contradictory about the idea that letting people elect judges endangers democracy. If you don’t trust the people to elect judges, how can you trust them to elect the people who appoint judges?
Electing judges is stupid. Judges should be neutral and uphold the current laws. It is up to the elected parties / president / groups to make sure all Judges are neutral. If you can vote on Judges that mean they have a political power that has nothing to do with their job.
US Supreme Court Justices are not elected. They make a lot of political decisions beyond just upholding the status quo. There are a lot of US states that have judicial elections and they don’t have major crises because of it.
Don’t kid yourself, the US Supreme Court is balls deep in politics. The situation where political parties can essentially buy a Supreme Court result for life is a disgraceful situation. That’s why the US is in such a terrible mess. Justice is not served, politics is.
My point is precisely that the US Supreme Court is embroiled in politics. The notion that being appointed somehow insulates the justices from politics is absurd.
Elections at least create some semblance of accountability to the voters.
I’ve made this point elsewhere. In Australia the Chief justices are appointed by the government based on a shortlist presented by the legal establishment. They are preeminently qualified and are above politics. Both sides of the political spectrum are fine with this system and it is not gamed.
It is utterly non-controversial and the Australian people respect the institution. Tell me again how it is absurd to remove politics from a judicial system?
If you believe anyone is above politics I have a bridge to sell you.
Well, there are degrees, aren’t there? Some judicial systems ban individual reproductive rights, allow corporations to be people and give criminal immunity to presidents, and some don’t.
The same was said about the SCOTUS until recently, where it’s become very obvious it is political and has a ton of power to enact their political goals.
I’m afraid that how the US chooses SCOTUS is vastly different from ike countries, and that’s how you end up with the US having ‘unique’ judicial situations.
Almost a lot? So a big few?
Typo fixed. Pedantry is fun isn’t it.?
It’s my favorite.
Just look at the US Supreme Court’s recent rulings and tell me that’s a healthy judicial system. I’d rather have the ability to vote for a judge, but more importantly, we need to have a system in place that can more easily impeach them should their actions not reflect the will of the people.
No matter what your system is it all comes down to the real key of democracy. That is society having a respect for democracy and the rule of law. If your Society doesn’t have an innate desire for a just system you’re not going to have a justice system no matter what system you use. It’s not a tangible thing it’s something that has to be created over time. Elected judges or appointed judges, there’s deep flaws to both concepts.
What many democracies around the world are missing is greater recallability in offices. Citizens need to be able to easily oust people nonviolently.
Short terms of office should have the same effect. If you want to stay in power you should have fight for it.
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Elected Judges still get their jobs done. They have clerks who do a lot of their drafting and grunt work in the office.
For large elections, there are staffers and volunteers who do a lot of the electioneering. For small elections, campaign events only occur on weekends and at other times when court is not in session.
Terrible idea
Judges are not supposed to work for the majority. They are supposed to work for justice.
Justice in most cases means opposing political power (formal in this case).
Thus they should be selected in some way radically different from how political power is formed.
Sortition is one way, if you don’t want some entrenched faction reproducing itself. Would be better than US too. But still sortition from the pool of qualified people, that is, judges, and not just every random bloke who applies, of course.
Justice in most cases means opposing political power
When has the court ever ruled in opposition to political power?
Sortition is one way, if you don’t want some entrenched faction reproducing itself.
It isn’t as though you can’t corrupt a candidate after they take office. Look at Clarence Thomas.
Russian Supreme Court in 1993 when ruling that Yeltsin and the parliament should both resign and have new presidential and parliament elections. Yeltsin’s opposition agreed, Yeltsin said he’s the president and it’s democratic and legal that he decides everything and sent tanks.
Since the US
