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by rayiner
442 days ago
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You're acting like computers, or neutral actors external to the political system, decide "when rules are broken" and what "punishment" to apply. That's entirely the wrong way to think about government. Government isn't about rules, it's about allocation of power. You have to think about government in terms of who is entrusted with power to make which decisions. If you entrust judges and lawyers to decide "when rules are broken" by elected officials, you give them power over those officials, and over voters. Now that's okay to a degree, but the question is: where does the buck stop? If you design a system where the buck stops with lawyers and judges, then you've effectively given those lawyers and judges power to overrule voters. It's better to design a system where the lawyers and judges demur in situations like this, to avoid a "tail wagging the dog" situation where the legal system is invoked to resolve a political dispute. |
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What you are describing is the judiciary in any functioning democracy. Separation of powers requires an independent judiciary system.
They have to be unelected, so they keep their independence when evaluating if the laws are being applied according to the written law.
> Now that's okay to a degree, but the question is: where does the buck stop?
With proper separation of powers and an independent justice system, like the one that judged Le Pen and found her guilty.