The concept of representation is political - and anti-representation would also be political. You can’t escape politics in law.
Where there’s power, there’s politics.
And the worst parts of the American system are the parts where judges are unelected, so that’s a pretty bad example lol
Well if that’s the meaning of "political you’re using then all judges are. That’s why I put it in quotes in my last reply, I assumed you meant partisan. Otherwise you’d have been making an irrelevant point.
Unfortunately the US has a storied history of elected local judges allowing lynchings, for example, while the appointed federal courts passed civil rights so I won’t be taking notes.
Of course the appointed judges and elected judges are now targeting women and minorities. So your appointment system is also broken.
Again, not taking notes.
The problematic politics of elected judges in the US come from its fucked electoral system. US elections, for most of its history, were undemocratic at their core… and they still aren’t very democratic tbh
But the worst judges, today, are appointed.
Your conception of politics being only partisan is very narrow; partisanship in liberal democracy is mostly just kayfabe.
So the problem with elected judges is the elections.
There are solutions to that. One of which is to appoint.
There are problems with appointed judges in America no doubt. Changes to appointments could definitely solve them. Elections most likely won’t.
Politics is inevitable and unavoidable. Your choice of sandwiches is ultimately political. Let alone judges.
Partisan politics is avoidable.
Avoid partisanship in the justice system and then you solve a lot of problems.
