Independence of Judiciary?
March 18, 2007 4:18am CST
I think that is a dream of past. Much as it is impossibe to bite the hand that feeds you,I think automatically executive is more powerful than judiciary. The principle of separation of powers is just a mere theory that has never been scientifically proved. Executive openly influences decisions in courts since by very fact its the one concerned with appointment and transfer of judges.
• United States
18 Mar 07
Seperation of Powers is a good thing. I don't think it is as seperate as it should be, so I agree with you on that. The power clearly lies with the Exec. Branch, as it should be. Do you really want life appointed judges deciding anything? Some past decisions are proof these people should not have even the power they do have. Let us look at one case in particular, Imminent Domain. Under what bridge were these people born to over turn such a law and for what? For business development? In the best interest of the community? What's in the best of the community, is not to throw people off of land or displace people. So, just based on some past decisions, don't you for a second think the Judicary is without power as that would be a huge misconception...... But to your point, there are many instances though where the Judicial Branch has gone against the Exec. Branch and over-ruled acts (actual laws that were already on book) of congress. And it is increasing more and more. Does the Exec. Branch influence the Judical Branch? Yes, but that is mostly partisianship, nothing you can do about that. However, again, with them being life appointments, they can easily go against the hand that feeds them and often do.......