Re:Court rules climate change “duty of care” to future gener...
by GavinMcG on Friday May 28, 2021 @04:48PM
(#27320295)
> who answer to the people regularly and reflect their opinion
Really? In a huge number of legislative districts in my country, only one party is competitive, and there is little organized intraparty effort to mount a challenge at the primary stage.
The judiciary is an antimajoritarian institution. There are times when what the majority wants isn't a good thing, and also times when what it wants isn't implemented by the legislature.
Also, plenty of judges aren't dipshits. Plenty of legislators are.
Point is: arguing from the first principles of political structure isn't terribly convincing since political reality doesn't actually match those principles.
Really? In a huge number of legislative districts in my country, only one party is competitive, and there is little organized intraparty effort to mount a challenge at the primary stage.
The judiciary is an antimajoritarian institution. There are times when what the majority wants isn't a good thing, and also times when what it wants isn't implemented by the legislature.
Also, plenty of judges aren't dipshits. Plenty of legislators are.
Point is: arguing from the first principles of political structure isn't terribly convincing since political reality doesn't actually match those principles.