The idea that judges shouldn’t be elected is deeply rooted in the reactionary ideology of an aristocracy that believed the masses shouldn’t be trusted with any decisions that actually matter and should be regarded with suspicion instead of trusted with decisions.
Judges shouldnt be elected for the same reasons surgeons shouldnt be elected.
Legislators are there to directly reflect the opinions and interests of their constituents, judges are there to have expert knowledge of the law and how it applies to each case uniquely. The first needs some form of democratic mechanism to ensure that they represent people’s current opinions, the later needs a meritocratic mechanism to ensure they are experts in the correct fields.
If judges were the only element of a court I would agree that it would be problematic to have no democratic input, but in common law systems at least that element is represented by juries who are the most powerful element of a court case as they are unchallengable arbiters of fact and drawn through sortition which is even more democratic than election.
This is probably the worst option. Judges should be professional and not populists pandering to the public.
What? Democratically appointed judges? That’s amazing , wonder why the US hasn’t thought of this? Ohh right that’s because we give way too much power to the one in office. This is great for Mexico now the US needs to do this.
Several states have elected Supreme Court Justices. Across the states, it has been seen that rulings are generally more inconsistent.
That said, Mexico has civil law instead of common law where legal precedent carries a lot less value.
I’d rather have a bumbling judge who is trying to help people rather than a competent evangelical ghoul
If there are education and experience requirements imposed on judicial candidates, and then they are elected, this is not an issue. Because those who are elected are accountable to those who elected them
(provided they can be removed from.power by the same people, which is one of those “checks and balances” Western "democracies " have imposed so we can’t remove them).
That way you have professionals/experts who are accountable to the people. Obviously elections can always be tampered with and influenced by powerful and moneyed interests, but by assuming this is true and then making it the default is a bit daft tbh.
They’re saying they shouldn’t be. Unless you’re trying to say their statement is redundant?
The very same reaction to the amend shows how urgent it is to to change the judicial system. I’m glad this was done and I can’t wait to vote corrupt judges out of office.
Interesting. If judges are going to be political regardless, I don’t see another option for democracies.
Strong and diverse press, strong and enforced rules against politically motivated decisions. A judge should know that, if they don’t strictly follow the law, they’ll lose their job. This won’t make the thing perfect, but far better than officially political judges.
So how would the judges be appointed under this system and why is it better than having them chosen from the people?
By competition and diploma. A judge is a legal technician. Why elect him on political bases? We do not elect an engineer on political criteria, we take the one who seems the best among the candidates.
If the current system hasn’t prevented political influence, then the method of choosing obviously isn’t guaranteeing unbiased judges anyway, so what’s the point in keeping it as opposed to elected judges?
What’s the point to elect them?
