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Re:Loser-Pays makes lawsuits fairer in Europe. It could work... by Silhouette on Thursday October 14, 2010 @11:09PM (#1793556)
Unless your court cases are all heard by the entire population, your judiciary is not a democracy anyway.

If your judges are appointed permanently by some sort of panel, drawn from some level of politicians, who are themselves elected via a system that is open to trivial interference by well-funded special interest groups, then your judiciary isn't even close to democratic.

Re:Loser-Pays makes lawsuits fairer in Europe. It could work... by iuytguyhj on Friday October 15, 2010 @12:27PM (#1795153)
The judges (in the UK) are appointed from senior lawyers by other judges who were themselves appointed by previous judges etc... It does mean that it takes a few generations to get many black or women judges - but it does reduce the level of corruption and means that a lot of politically motivated prosecutions get thrown out.

It's not democratic - but neither is the process of selecting senior doctors from the ranks of junior doctors.