Should "judicial review" be abolished? (user search)
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  Should "judicial review" be abolished? (search mode)
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Poll
Question: Should "judicial review," in the form of binding court pronouncements on the constitutionality of legislation, be done away with?
#1
Yes
 
#2
No
 
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Partisan results

Total Voters: 27

Author Topic: Should "judicial review" be abolished?  (Read 11958 times)
Franzl
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Posts: 22,254
Germany


« on: November 25, 2008, 12:46:15 PM »

Who would perform the function of determining whether legislation is constitutional?

Me!!!

Seriously though....this is probably one of the most absurd suggestions I've heard in quite a while.
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Franzl
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Posts: 22,254
Germany


« Reply #1 on: May 11, 2009, 10:16:21 AM »

No.
What should be done is to find a way consistent with federalism to make the federal judiciary elected.

This is easy to do for district courts, but less easy for upper courts. I'd like to hear some suggestions.

So the interpretation of the law should be subject to popular opinion? Terrifying thought to me.

I know several states do it....and I dislike the practice quite strongly....but it seems even worse if I think about that happening at federal level.
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Franzl
Atlas Star
*****
Posts: 22,254
Germany


« Reply #2 on: May 11, 2009, 11:08:34 AM »

As opposed to the equally-subjective views of the political class?

You can certainly argue about subjectivity....but I don't like the idea much of a judge having to worry about re-election and thereby base his opinions on what he thinks his "constituents" want to see him do.
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