Germany never had rule of law with an independent judiciary though. I recall during the pandemic judges being removed for not agreeing with lockdown or medical policies. If the state itself controls the courts then it's just tyranny with extra steps.
(we may defacto be the same in the US but do still pretend otherwise)
The judiciary literally is the state in America. But I think you alluded to the appointment process, which yes sure but judges have shown independence once they sit the bench.
I actually meant impeachment. In the US, the legislative branch can remove judges when they are not to its liking. They rarely do it, which is probably why the judicial branch is so out of control and can basically act like mini-dictators.
I'm not sure what is worse. I'd say judges having more power is probably worse, because they have 0 accountability rather than the minimal accountability of legislators. But then again, legislators never protect your rights, while judges sometimes do. Decisions...
The American judicial branch has been bad, but not as bad as it could've been. The biggest problem is the postmodern "living constitution" theory of law that allows judges to basically legislate from the bench.
Germany never had rule of law with an independent judiciary though. I recall during the pandemic judges being removed for not agreeing with lockdown or medical policies. If the state itself controls the courts then it's just tyranny with extra steps.
(we may defacto be the same in the US but do still pretend otherwise)
A legacy left over from the Allied occupation
And before.
The "state" controls the judiciary everywhere. Do you mean direct control by the executive?
The judiciary literally is the state in America. But I think you alluded to the appointment process, which yes sure but judges have shown independence once they sit the bench.
I actually meant impeachment. In the US, the legislative branch can remove judges when they are not to its liking. They rarely do it, which is probably why the judicial branch is so out of control and can basically act like mini-dictators.
I'm not sure what is worse. I'd say judges having more power is probably worse, because they have 0 accountability rather than the minimal accountability of legislators. But then again, legislators never protect your rights, while judges sometimes do. Decisions...
The American judicial branch has been bad, but not as bad as it could've been. The biggest problem is the postmodern "living constitution" theory of law that allows judges to basically legislate from the bench.
Wow, birds of a feather, shit on our heads, together. Surprised I yam, I yam.