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Judicial acountability is on the ballot in several states tomorrow so I ask what is the your oppionion on judicial restraint. Historically the US judicial system was founded on the concept that judges should interpret the law and legelative bodies make the law. according to our founding fathers this was becausecongress is accountable to the people through election while judges being appointed are not. this was done to keep judges politically independant of control (Influence) by the executive and legeslative branches. This dictum has been slowly altered over the last 50-100 yrs and judicial decisions seem to be more and more made independant of current law and much more to do with personal political correctness etc.. To give an example a judge in the northeast a few yrs. back ruled that Jewish Menorra could be diplayed in schools at haunnaka but chritian crosses could not. He based his oppinion on the fact that judaism is a minority religion and needs more protection

2006-11-05 09:42:57 · 4 answers · asked by JstAnOldDad 1 in Politics & Government Politics

Certainly the rulling by that judge had more to du with politcal correctness than current law. I being conservative find that very dangerous. Which brings us to the Ballot initiatives. several states want to make Judges financially accountable for their rulings. Is this justified? In my opinion No for it in the end further draws judges into the political areana by exposing them to public pressure. However i have no problem with some of the term limits proposed

2006-11-05 09:49:17 · update #1

4 answers

I think you are on the right track. Exposing Judges to the electorate does undermine their judicial Independence. I think the best solution is a Judicial review committee of fellow judges not to uphold or strike down rulings ( we already have an appeals court system) but to rate the job performance of judges and give guidance. This Body would be empowered to give private and public rebukes and when necessary refer judges to legislative bodies for Impeachment in extreme cases of judicial misconduct. this would impose a buffer between judges and the electorate preserving judicial Independence while still exposing them to peer review and ultimately the electorate for severe misconduct.

2006-11-05 10:02:10 · answer #1 · answered by sooj 3 · 0 0

Hopefully the left wing liberal judges will be reigned in and forced to go back to interpreting the law and leave the writing of laws to the Legislative branch.

2006-11-05 09:48:54 · answer #2 · answered by daydoom 5 · 0 0

Justice is the great interest of man on earth,whereever her temple stands there is a foundation for social security,general happiness,and the improvement and progress of our lives. jlw

2006-11-05 09:55:07 · answer #3 · answered by Lee W 1 · 0 0

its all about rich verses poor .

2006-11-05 09:46:06 · answer #4 · answered by playtoofast 6 · 1 0

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