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by tptacek
4637 days ago
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Stipulate that our basis for comparison is the US just to keep things simple. First, a lot of angst and effort goes into circumscribing the powers of the federal judiciary precisely because they're unelected. They are for instance limited to hearing actual controversies involving parties with standing. Second, our constitutional system "works" because it follows from an actual constitution, which was ratified and over 200 years reshaped by elected representatives of the people. In no place in the US system is there an escape hatch for the Supreme Court to do whatever it thinks is right while contravening the constitution. A strong enough democratic majority can in fact force the Supreme Court to do anything, by amending the constitution. |
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