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Re:Marine Le Pen banned from running in 2027 and given four-... by crazygringo on Monday March 31, 2025 @03:54PM (#43539128)
That's where it gets tricky.

Ultimately, rules come from the people in a democracy.

If they decide they want a candidate who broke the rules, that's where it gets messy in political philosophy.

Should the democratic will of the people from years ago or decades ago override the democratic will of the people now? Of course that's the general idea of having constitutions and such, but it can only ever be a matter of degree, and there's no right answer as to how much.

Re:Marine Le Pen banned from running in 2027 and given four-... by surgical_fire on Monday March 31, 2025 @04:03PM (#43539243)
There's nothing messy about this.

Rules should be followed. If when rules are broken no punishment is applied, the rules are meaningless. Once rules become meaningless, everyone will be emboldened to break the rules, to the detriment of society as a whole.

If you want the rules changed, vote for them being changed, don't give free pass for any asshole to break them.

Re:Marine Le Pen banned from running in 2027 and given four-... by crazygringo on Monday March 31, 2025 @04:10PM (#43539325)
Of course it's messy.

> Rules should be followed.

But free, democratic elections is a "rule" too -- not just a rule, but a bedrock principle.

Why should people be prevented from voting now for someone because of previous rules made by a previous electorate? Why should someone from the past be allowed to nullify my preferred vote in the present?

There's always something inherently anti-democratic about preventing someone from running for office. The question is whether it's outweighed by other democratic concerns. It's messy.

Re:Marine Le Pen banned from running in 2027 and given four-... by ahtihn on Monday March 31, 2025 @04:30PM (#43539591)
> Why should people be prevented from voting now for someone because of previous rules made by a previous electorate? Why should someone from the past be allowed to nullify my preferred vote in the present?

All elections follow rules set by a previous electorate unless you want to first vote on defining the rules for an election every time you have an election.

If Trump were to actually run for a 3rd term, would you argue that he should be able to because term limits were set in place by a previous electorate?

Re:Marine Le Pen banned from running in 2027 and given four-... by crazygringo on Monday March 31, 2025 @04:34PM (#43539634)
Obviously they have to follow the rules for how to count votes, establish boundaries, etc.

But there is definitely a serious philosophical argument that term limits are inherently undemocratic.

I personally think they're necessary, but at the same time I realize they are undemocratic. They're literally taking away the ability for an electorate to freely choose.

All I'm saying is, the tradeoffs get messy. Restricting candidates from running can be a slippery slope. Look at what's happening in Turkey, where the popular opposition candidate was just barred from running. How do you know when you've gone too far? Barring candidates can corruptly entrench power, even when following the "rules" to the letter. What then?

Re:Marine Le Pen banned from running in 2027 and given four-... by matthewdgreen on Monday March 31, 2025 @05:45PM (#43540330)
This entire argument can be summarized as "no popular politician should ever have to obey any law." I realize you'll respond that you don't mean anything that extreme, of course. But the set of principles you're trying to articulate are, in fact, exactly that extreme. I don't want to live in that world and neither will you, when you have to experience it.
Re:Marine Le Pen banned from running in 2027 and given four-... by QuadmasterXLII on Monday March 31, 2025 @05:28PM (#43540187)
I expect I’m going to be hearing “term limits are inherently undemocractic” pretty fucking frequently for the next three years
Re:Marine Le Pen banned from running in 2027 and given four-... by johnbronnan on Monday March 31, 2025 @04:53PM (#43539856)
Erdogan has consolidated power independently and undemocratically and is using it to jail his opponents. That is completely different from this situation where a politician is engaging in anti-democratic actions and is then barred from running by an independent judiciary.

> term limits are inherently undemocratic

A society where the people are not able to participate in the electoral process is not a democratic society. True democracies represent the will of all people, regardless of whether they are part of the majority or whether they were eligible to vote in the single election which transitioned the political system from democracy to dictatorship.

Re:Marine Le Pen banned from running in 2027 and given four-... by psychlops on Monday March 31, 2025 @06:52PM (#43540848)
Oh, Erdogan consolidated his power over the last few decades democratically. Rural turks came out in mass to vote for him over past decades. Incidentally, in the past he was actually jailed by his political opponents and banned from politics.
Re:Marine Le Pen banned from running in 2027 and given four-... by ahtihn on Monday March 31, 2025 @04:57PM (#43539900)
I mean you could easily argue that any election rules are undemocratic. The rules for the US presidential election are quite flawed for example.

The rules can be changed but again there are rules for how to do that! It's rules all the way down.

You can't have a functioning democratic system without rules.

The problems start when people start thinking that rules don't matter or aren't applied evenly.

Re:Marine Le Pen banned from running in 2027 and given four-... by surgical_fire on Monday March 31, 2025 @04:51PM (#43539832)
> Barring candidates can corruptly entrench power, even when following the "rules" to the letter. What then?

Bold claim. Bold claims require bold evidence. You provided none.

Re:Marine Le Pen banned from running in 2027 and given four-... by crazygringo on Monday March 31, 2025 @06:40PM (#43540738)
Two sentences previous, I literally stated:

> Look at what's happening in Turkey, where the popular opposition candidate was just barred from running.

Are you aware of the current situation in Turkey? If that's not bold evidence, I literally don't know what is.

Re:Marine Le Pen banned from running in 2027 and given four-... by surgical_fire on Monday March 31, 2025 @09:37PM (#43541959)
Exceptional what happens in Turkey does not resemble in the slightest what happens in France.

If France failed to punish Le Pen, they would be takinya step into creating their own French Erdogan.

Re:Marine Le Pen banned from running in 2027 and given four-... by crazygringo on Tuesday April 01, 2025 @11:46AM (#43548195)
> does not resemble in the slightest what happens in France.

Are you really so sure?

Why was she the only one barred from running from office? Why not the other eight officials also found guilty?

Re:Marine Le Pen banned from running in 2027 and given four-... by surgical_fire on Tuesday April 01, 2025 @03:01PM (#43550264)
> Are you really so sure?

Yes.

> Why was she the only one barred from running from office?

Because she was judged by an independent court and found guilty of embezzlement.

> Why not the other eight officials also found guilty?

I would have to read the decision to give this answer. Many things are considered when a judge gives out a sentence. Two murders may result in different prison length depending on circumstances, for example.

Re:Marine Le Pen banned from running in 2027 and given four-... by crazygringo on Tuesday April 01, 2025 @04:26PM (#43550967)
Obviously this could turn into a very long conversation.

I'll just leave you with this considered analysis:

https://www.economist.com/leaders/2025/04/01/why-marine-le-p...

Particularly:

> The crimes of which Ms Le Pen has been convicted are serious, but not of the same order. France’s harsh sentence in this case limits the choice of citizens who are capable of judging for themselves who should get their vote. By creating a mechanism that politicians might be thought to have co-opted, the law encourages talk of conspiracy—especially if, like Ms Le Pen, the barred politician belongs to a party that is founded upon a suspicion of the elites.

> The danger of courts aggressively sentencing politicians is that both the law and the courts become seen as partisan. Judiciaries rely on citizens accepting verdicts with which they disagree. Elections are supposed to generate consent for the incoming government. A poll after Ms Le Pen’s conviction found just 54% of French thought she was treated like any other accused, a narrow margin of confidence in judicial independence. Among RN voters, 89% thought she was singled out for political reasons.

Re:Marine Le Pen banned from running in 2027 and given four-... by surgical_fire on Tuesday April 01, 2025 @10:31PM (#43553190)
> France’s harsh sentence in this case limits the choice of citizens who are capable of judging for themselves who should get their vote.

That vote would be tainted by her embezzlement of campaign funds. The rest of this analysis is void once the author fails to consider how badly democracy can be damaged once election regulations are not respected.

Of course, the author may jave ulterior motives, and wants to defend Le Pen in this case because he wants to see democracy in Europe weakened from within. But I sm giving the benefit of doubt here and presuming stupidity rather than malice.

Re:Marine Le Pen banned from running in 2027 and given four-... by crazygringo on Wednesday April 02, 2025 @08:25AM (#43555888)
But voters would decide how much the embezzlement continued to matter, after she had already served time and paid a large fine. That would be the actual democratic outcome. Letting the people choose, as opposed to taking away their choice.

You, on the other hand, are presenting Marine Le Pen as a threat to democracy, presumably because you don't like the far right. But you're just one voter. Why not trust the electorate? Voters chose Giorgia Meloni and I don't see Italian democracy falling apart.

I'm not far right at all. I'm not even right. But I worry it's dangerous and will backfire to take choice away from an electorate because of some misuse of funds (that didn't benefit herself financially) that she is already being heavily punished for at a personal level. She's being punished. Voters shouldn't be by taking away their right to choose.

Re:Marine Le Pen banned from running in 2027 and given four-... by surgical_fire on Thursday April 03, 2025 @08:49AM (#43568841)
> But voters would decide how much the embezzlement continued to matter

This is not up to voters to decide. If Le Pen murdered someone it wouldn't be up to voters for decide if the murder mattered.

Politicians don't have a separate legal system for them that allow voters to be judges. They are subject to the same intependent judiciary.

All the rest of your response falls apart after that.

Re:Marine Le Pen banned from running in 2027 and given four-... by wkat4242 on Monday March 31, 2025 @08:23PM (#43541527)
> Look at what's happening in Turkey, where the popular opposition candidate was just barred from running.

Ironically Turkey is in this situation precisely because Erdogan removed term limits and spent decades consolidating his power. Same with China where Xi Jinping did the same. And Russia with Putin. All prime examples of functioning democracies, right?

These rules are specially to prevent people from setting themselves up as emperor for life and if they are removed that's almost always the exact thing that happens.

Democracy isn't a perfect system, as much as Americans tend to believe it is. It needs some guidelines to keep it functional. And even with them it's a compromise, not perfection.

Re:Marine Le Pen banned from running in 2027 and given four-... by surgical_fire on Monday March 31, 2025 @04:46PM (#43539790)
> not just a rule, but a bedrock principle.

Only when the rules are respected by everyone involved.

If we are playing football (or soccer for the barbarians across the pond), a core principle is to score goals. If in the middle of the game I punch you in the face, that principle stops mattering super fast.

> Why should people be prevented from voting now for someone because of previous rules made by a previous electorate?

Because that is how rules and regulations work. If you want them changed, change them properly, don't go breaking them because your pet right wing politician was punished for breaking them.

> There's always something inherently anti-democratic about preventing someone from running for office

I fundamentally disagree. The only thing anti-democratic is to allow someone that does not respect the democratic rules for running for office, for they will undermine democracy from within.

Re:Marine Le Pen banned from running in 2027 and given four-... by psychlops on Monday March 31, 2025 @04:59PM (#43539924)
> The only thing anti-democratic is to allow someone that does not respect the democratic rules for running for office, for they will undermine democracy from within.

Surely you see the catch in this belief. If there is a group of people who can "allow" others to run for election then the system is not democratic at its core.

Re:Marine Le Pen banned from running in 2027 and given four-... by surgical_fire on Monday March 31, 2025 @05:18PM (#43540094)
> If there is a group of people who can "allow" others to run for election then the system is not democratic at its core.

It is democratic at its core. Any democracy has an independent judicial system that can ensure that rules are being followed properly.

Separation of powers between executive, legislative and judiciary, does it ring a bell to you?

If the judiciary stops doing its job of banning those that would cheat elections, you wouldn't have a democracy anymore.

Re:Marine Le Pen banned from running in 2027 and given four-... by psychlops on Monday March 31, 2025 @05:29PM (#43540192)
Or if the judiciary has any sort of bias as is implied in this case. (I don't pretend to know the details)

I enthusiastically endorse the separation of powers and firmly believe that people should follow systems, not people. Perhaps it just a global coincidence, but the recent spate of candidate disqualification (US, Romania, Turkey, France) gives the appearance of democratic decay.

Re:Marine Le Pen banned from running in 2027 and given four-... by surgical_fire on Monday March 31, 2025 @05:54PM (#43540392)
> Or if the judiciary has any sort of bias as is implied in this case. (I don't pretend to know the details)

Then don't assume the judiciary is biased by following up with a disclaim that you are repeating baseless conjecture. Le Pen was judged with her right to legal defense, found guity, and punished accordingly. This is democracy working as it should.

> I enthusiastically endorse the separation of powers and firmly believe that people should follow systems, not people.

Based on the content of your posts, I sincerely doubt your enthusiastic endorsement.

You are very quick to make excuses for the right wing politician that was punished for embezzlement, claimed repeatedly that her being banned from office is undemocratic, and claimed without a shred of evidence that the court that judged her is biased.

Forgive me if I think you are bullshitting me here.

> Perhaps it just a global coincidence, but the recent spate of candidate disqualification (US, Romania, Turkey, France) gives the appearance of democratic decay.

Comparing France to Turkey is pure bad faith argumentation. If you genuinely think that Turkey and France share any sort of democratic decay you are very ill informed.

If Le Pen was not punished, I would agree France was taking a step in creating its own French Erdogan.

Re:Marine Le Pen banned from running in 2027 and given four-... by psychlops on Monday March 31, 2025 @06:03PM (#43540459)
You must be confusing my posts with someone else. Or claim doesn't mean what you think it means. Forgive me if it's difficult to forgive you when you place so much negative spin on what I wrote.
Re:Marine Le Pen banned from running in 2027 and given four-... by ModernMech on Monday March 31, 2025 @05:24PM (#43540151)
Only if those people act in anti-democratic ways. E.g. if they apply the law selectively, if they forego or restrict due process, and if they play around with the meaning of words and crimes then yeah, that's anti-democratic. For example, people brought up what's happening in Turkey, and I agree what's happening there is anti-democratic.

But if the people involved are not making up crimes, but prosecuting crimes; if they are not targeting people specifically, but enforcing the law that applies to everyone; and if they are allowing for the maximum possible due process, then there really isn't much of a case for that process being anti-democratic.

Re:Marine Le Pen banned from running in 2027 and given four-... by teg4n_ on Monday March 31, 2025 @11:47PM (#43542642)
> There's always something inherently anti-democratic about preventing someone from running for office.

i’m curious, do you think age minimums are ok? i feel like with this opinion have to throw out all restrictions on the ability to run for office to be consistent.

Re:Marine Le Pen banned from running in 2027 and given four-... by darthrupert on Tuesday April 01, 2025 @12:53AM (#43542974)
Nobody is prevented from voting by this sentence.
Re:Marine Le Pen banned from running in 2027 and given four-... by rayiner on Monday March 31, 2025 @10:38PM (#43542279)
You're acting like computers, or neutral actors external to the political system, decide "when rules are broken" and what "punishment" to apply.

That's entirely the wrong way to think about government. Government isn't about rules, it's about allocation of power. You have to think about government in terms of who is entrusted with power to make which decisions. If you entrust judges and lawyers to decide "when rules are broken" by elected officials, you give them power over those officials, and over voters.

Now that's okay to a degree, but the question is: where does the buck stop? If you design a system where the buck stops with lawyers and judges, then you've effectively given those lawyers and judges power to overrule voters. It's better to design a system where the lawyers and judges demur in situations like this, to avoid a "tail wagging the dog" situation where the legal system is invoked to resolve a political dispute.

Re:Marine Le Pen banned from running in 2027 and given four-... by surgical_fire on Tuesday April 01, 2025 @07:50AM (#43545634)
> If you entrust judges and lawyers to decide "when rules are broken" by elected officials, you give them power over those officials, and over voters.

What you are describing is the judiciary in any functioning democracy. Separation of powers requires an independent judiciary system.

They have to be unelected, so they keep their independence when evaluating if the laws are being applied according to the written law.

> Now that's okay to a degree, but the question is: where does the buck stop?

With proper separation of powers and an independent justice system, like the one that judged Le Pen and found her guilty.

Re:Marine Le Pen banned from running in 2027 and given four-... by hollerith on Tuesday April 01, 2025 @12:05PM (#43548428)
You seem to have failed to see the thorniness of the problem maybe because in the current instance (Le Pen's ban by the French judiciary) you agree with the outcome.
Re:Marine Le Pen banned from running in 2027 and given four-... by woopsn on Tuesday April 01, 2025 @02:38PM (#43550080)
Probably impossible to separate Le Pen's disqualification from the situation in the U.S. It's the song of the day. I seem to recall some account arguing in 2020, nominally on their expertise as a lawyer, that the election result could not be determined except in the courtroom. If you asked in 2020, should lawyers be disgraced if not disbarred for attempting to nullify the election - answer from GOP would be no. When asked today, suddenly answer is yes.
Re:Marine Le Pen banned from running in 2027 and given four-... by surgical_fire on Tuesday April 01, 2025 @04:12PM (#43550857)
I agree only in the sense that K think that politicians should be punished for their wrongs.

I would only see thorniness is the courts refused to punish Le Pen out of fear of punishing a somewhat popular politician, as this would embolden others to act in ways to break the rules, and would undermine the independence of the court, which is a core tenet of a functioning democracy.

I think you only see thorniness here because you wanted Le Pen to keep doing her thing. See? it works both ways.

Re:Marine Le Pen banned from running in 2027 and given four-... by aredox on Monday March 31, 2025 @04:42PM (#43539733)
That's why we have nowadays Republics, with either written constitutions or fundamental legal texts like Habeas Corpus, not just pure democracies à la antique Athens.

The way out of your conundrum is to admit there is no "the People"; there is a collection of diverging, often incoherent trends, and no voting system is perfect (no voting system is even logical, as proven by Condorcet and Arrow[0])

[0] https://www.investopedia.com/terms/a/arrows-impossibility-th...

Re:Marine Le Pen banned from running in 2027 and given four-... by crazygringo on Monday March 31, 2025 @04:47PM (#43539797)
I'm using modern terminology. There's no relevant distinction here:

https://www.merriam-webster.com/grammar/democracy-and-republ...

The fundamental democratic principle is the same.

And we measure the will of the people in elections, without having to worry about Arrow... it's procedural.

Re:Marine Le Pen banned from running in 2027 and given four-... by aredox on Monday March 31, 2025 @05:12PM (#43540031)
Arrow is not at all "procedural", the French know it well: the 1995 presidential election ended with a Chirac vs Le Pen (the patriarch) duel, even though Lionel Jospin was the favorite and would have beaten both if he had faced them off... A clear example of non-transitivity in elections.
Re:Marine Le Pen banned from running in 2027 and given four-... by crazygringo on Monday March 31, 2025 @06:42PM (#43540752)
That's my point, sorry if it wasn't clear. Non-transitivity is resolved procedurally. We can theorize about Arrow all we want; in the meantime we can write rules that actually do produce electoral results.
Re:Marine Le Pen banned from running in 2027 and given four-... by aredox on Tuesday April 01, 2025 @03:05AM (#43543699)
My point is that it wasn't resolved: Jospin was the favorite, but the French were forced to choose between two candidates the majority of them loathed. The rules were a failure.

(2002 election, not 1995 - my bad)

https://en.wikipedia.org/wiki/2002_French_presidential_elect...

Re:Marine Le Pen banned from running in 2027 and given four-... by aredox on Tuesday April 01, 2025 @03:00AM (#43543674)
Sorry, 2002 election.
Re:Marine Le Pen banned from running in 2027 and given four-... by tpm on Tuesday April 01, 2025 @04:09AM (#43544083)
Even Athens had ostracism, barring ostracised people from running for office.
Re:Marine Le Pen banned from running in 2027 and given four-... by cauch on Monday March 31, 2025 @05:26PM (#43540171)
The definition of democracy according to Ricœur is: > Est démocratique, une société qui se reconnaît divisée, c’est-à-dire traversée par des contradictions d’intérêt et qui se fixe comme modalité, d’associer à parts égales, chaque citoyen dans l’expression de ces contradictions, l’analyse de ces contradictions et la mise en délibération de ces contradictions, en vue d’arriver à un arbitrage.

In English, more-or-less: > A society is democratic if it acknowledge that it is divided, which means that it contains contradictory interests, and if it creates modality to analyse and debate these contradictions so that we can reach arbitration, with each citizen having an equal share in the debate.

I don't believe that a society is democratic if a majority of the people have decided something that is harmful or unfair to a minority without properly having debated if this decision is fair or not for the minority.

Because of that, no, it's not "whatever the majority decides". In a democracy, the will to guarantee justice and fairness is more important than "the people", and if they say "there is suspicion of fraud from this candidate but let's just close our eyes because we like this person or because it is profitable for us", this is clearly a behavior where they are not trying to reach a just and fair situation.

This is what distinguish democracy from ochlocracy.

And I don't understand how people can really defend that we should ignore the justice/fairness condition: what is the point of following "the people" when these people are not trying to be just and fair? How will it be a good society?