May RBG RIP. Condolences to family. No court - even a final court - should have so much power. A healthy polity is one in which most people respect the work done by courts presided over by judges they cannot name because they are not in the news. Juristocracy is very unhealthy.
American liberalism sought to use courts to obtain victories - which tbf it has had - for results that it could never have achieved through elected legislatures. This may work until the “court as super legislature” also turns against you.
The elected Parliaments and legislatures are messy & full of disreputable hacks etc. But they are elected and they can also compromise. Courts esp constitutional courts are absolutist and final. While the latter is tempting, the former is a much healthier place to reform society.
The idolatry of judges is sick in every sense-it corrupts courts with politics & it does great damage to all judges esp with the crazed expectations that are raised. People who make most of your laws should be people you can easily remove...Or go for a more efficient autocracy...
The key problem of liberalism treating courts as legislatures for decades is eventually everyone understands this is the new playing field for the political game & everyone just wants to make sure they win a majority in that super legislature as well with “their judges”. Caveat
I resist tweeting about Law here as much as I can (this is my relief) but if I ever did 'law twitter', it would be in part to remind Australians & other common law peoples that Bills of Rights are terrible esp for Courts & point at what is happening in the US right now as why.
Share this Scrolly Tale with your friends.
A Scrolly Tale is a new way to read Twitter threads with a more visually immersive experience.
Discover more beautiful Scrolly Tales like this.
