• Yecoh@lemmy.world
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    11 days ago

    Not everything coming out of the legislatures the world over is pristine law

    Trusting judges more than legislatures is uniquely american.

    This is how you ended up with Citizens United. 4 men cancelled a law (McCain–Feingold Act) approved by the House of Representatives, the Senate and signed by the President.

    In most democracies, it doesn’t work like that. The elected legislature has the upper hand. The UK Supreme Court can interpret laws, but it can not cancel them.

    • FriendOfDeSoto@startrek.website
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      11 days ago

      Trusting judges is not uniquely American. You’ll find similar processes on the continent across the channel. The hurdles of who can sue and under which circumstances may differ. The appointment of judges is often less politicized. I think the UK is the unique case here and I believe that’s because by and large there isn’t a written constitution, at the very least not in the same way as in the US or France or Poland. Supreme courts are there as a check on whether or not laws conform to constitutional values and have the power to overrule a legislature when it passes laws that don’t. It’s not an “upper hand” deal, it’s checks and balances.

      The American legal system is not great. I don’t know the details of the case you mentioned. One bad decision doesn’t mean the whole system needs to be abolished. If that were so I’d like to have a word with the UK’s highest court on what constitutes a woman.