As someone from a country that’s not America but does use common law, the scariest thing to my foreign eyes is the politically-appointed judges in general. How on Earth is that not seen as a massive conflict of interest in a system that emphasises the separation of powers? We have a lot of politically appointed roles too with the House of Lords but their powers are weak (they can only delay legislation) and parliamentary systems don’t emphasise separation of powers strongly in the first place.
this is why relying on precedent is very bad, write that shit down as law like youre supposed to
As someone from a country that’s not America but does use common law, the scariest thing to my foreign eyes is the politically-appointed judges in general. How on Earth is that not seen as a massive conflict of interest in a system that emphasises the separation of powers? We have a lot of politically appointed roles too with the House of Lords but their powers are weak (they can only delay legislation) and parliamentary systems don’t emphasise separation of powers strongly in the first place.