Saturday, October 13, 2018

At least the raucous nature of American public life speaks to a certain health

An interesting observation. From At least Americans choose top judges in public by Johnathan Pearce.
One thought that I have about the whole furore about the Supreme Court and Kavanagh (no, I am not going over the whole bloody thing now) is that the US system is so much more public than in other countries that have something such as a Supreme Court, or bench of wise men/women who get to opine or even rule on constitutional matters. We have our Law Lords in the UK, and indeed the House of Lords (chosen by the government as there aren’t hereditary peers any more). As far as I know Law Lords are appointed from within the legal system and it is not entirely clear who specifically gets to pick them or approve the Law Lords. As for France, it has a Constitutional Council, members of whom are senior retired political folk and others who must be approved by the French parliament. What is interesting in the French case is that I don’t recall much media coverage of the hearings, even allowing for the often lousy state of British coverage of French public affairs (you would think a country a few miles across the English Channel and with whom we have traded, and occasionally defeated or liberated in wars might get a bit more attention). Germany has a federal constitutional court, and the gift of membership to this body is held in the hands of the Bundestag and by the Bundesrat (this body represents the state parliaments at the federal level).

All these systems have their merits, quite possibly, but what is certainly striking to my eyes is that it is only in the US that the decision as to who gets on the bench or not seems to be a matter of great media and public interest. In part, I suspect, this is because of how membership is in the gift, at least in the initial proposed stage, of the President. The US Supreme Court has issued major decisions down the decades, as momentous as Roe Vs Wade, Kelo (a big eminent domain case) and Dred Scott, to name just three. It seems also a more public system, whereas I get the impression that when a judge takes his or her seat in a European country, it registers as much public response as the daily announcement of the shipping forecast. And that, I think, speaks much to the more vigorous temper of American public life. It may not feel like this at the moment, but at least the raucous nature of American public life speaks to a certain health. In Europe, by contrast, so much of what happens resembles one of those dull zombie films of the 1970s or 80s.

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