Monday, April 18, 2005

 

Judicial Reform

We must demand respect for our Constitution and our democracy

Bryan Preston comments on this Glenn Reynolds article concerning judicial reform:
The point Professor Reynolds accidentally makes is this: The judiciary's power is now subject to the whims of whoever happens to wield the gavel. His whims lead him one way, but the current justices’ whims lead them another. Without the all but ignored Constitution as an exclusive framework, there is now no fixed principle to decide what is and is not valid and relevant law. Far be it from me to lecture a law professor, but isn’t that what the Constitution is for?

The situation we now find ourselves in, in which foreign law is becoming a real presence in American rulings, was not foreseen by the framers, and was not written into the Constitution. There is no clause authorizing anyone to invoke foreign laws in American courts and using them to formulate decisions. And the judiciary's arbitrary nature when divorced from the Constitution means, essentially, there is no law beyond what the robed ones say is law. Everything, though it is passed and written down at the request of the nation's majority, is now subject to be erased by a quick into the vast grab bag called foreign law. For an example, watch what courts do to democratically-approved laws concerning marriage over the next few years, and note the role played by citations to foreign law.

(Emphasis mine.)

The Constitution is our the founding document of our nation, but too many judges (and politicians) view it as inconvenient or anachronistic. This situation has to change - fast. Swift and thorough judicial reform is absolutely vital if our constitutional democracy is to survive.

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