Wednesday, April 13, 2005

Judicial Despotism - The Battlefield

An earlier post analyzed why the UK and US judiciaries are destroying our social capital. The problem will only get worse - witness the massive firepower thrown against Tom De Lay for pointing out that a judiciary detached from the will of the people ultimately faces violence.

It's worth reflecting on his argument. If the judiciary decides, say, to legalize some forms of pedophilia and involuntary euthanasia, as is entirely possible, how can it be caused to cease and desist?

For starters, there's no point in trying to use the law against the judiciary, they call all of the shots.

The legislature is not much better - the judiciary routinely dismisses laws passed by elected representatives as unconstitutional (US), or in conflict with the European Convention on Human Rights (UK). Plus, as we see in the De Lay case, a left wing judiciary has substantial support from left wing lawmakers. So in most cases laws and impeachments won't even get past first base.

The last constitutional option is the executive. However, it's hard to see how on its own it can reform the judiciary.

Which leaves extra-constitutional action, a polite term for violence. That could well reform the judiciary, but there would be unacceptable collateral damage.

This conundrum leads to a paralysis of will and leaves our judiciaries tunneling away at the foundations of our societies.

The only good news is that some very smart people have seen this coming and have left us their advice. Starting with Thomas Jefferson, the subject of the next post.