Question for Debate and Discussion
Expansive powers of the US judicial system should be curbed substantially to allow for a completely fair judicial system. This is because US is a democratic country where every form of leadership should manifest the will of the public. The fact that the congress and the legislature constitute of elected members, it means that they represent the will of the people. Their decisions are based on the prevailing circumstances in the midst of the general public. Bestowing full independence and power to make final resolution or dispute the decisions made by the congress and the legislature to the Supreme Court indirectly implies defying the will of the majority or the public. Additionally Smith (2013) identifies that no system is entirely free of corruption and bias. Judicial fairness may also be lost when it comes to matters of education and wealth. Therefore, some judgments by the Supreme Court of the US may not exactly reflect the absolute truth. In regard to these weaknesses in the US judicial system, there is need to curb the powers of the Supreme Court.
On the basis of the model used in the Chinese law system, the US court system could be reined in different ways. First, there is need to balance between the public opinion and the independence of the court. In China, the People’s Court is subject to the will of the People’s Assembly. The court does not enjoy an independent and separate power as it is the case of the US Supreme Court. This implies that the Chinese court system is less susceptible to threats, bias, and corruption among other issues that are likely to influence an autonomous and entirely independent court. Another way in which the US court system could be reined in is through democratic election of the court leaders which would more effectively reflect the democracy of US.
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Such a change would be advantageous to the country since it is most likely to accomplish the needs of the general public in a better and more satisfactory way than it does currently. This would also reduce interferences with the judgment process as it would properly reflect the requirements of the law. However, one likely disadvantage of effecting such a change is that there would be lack of clear distinction between the decisions of the members of legislature and the court system.
Reference
Smith, R. A. (2013). The American anomaly: US politics and government in comparative perspective . Routledge.
