One Degree wrote:@noemon
I am familiar with the theory. You do realize this came about as a compromise with the Monarchy and Aristocracy to share power.
The US simply copied the basic structure. The Senate being the originally unelected equivalent of the House of Lords.
The judges appointed because you can not let the peasants have that kind of power.
Today, we have simply given this theory 'saintly' status it's origins does not deserve because it has worked fairly well.
Even if I agreed with this I do not see any relevance as the separation of power does not have "saintly status" but constitutional authority and EU authority as well as it is part of the terms and conditions for joining. The separation of powers is a fundamental concept of democracy since the antiquity:
Polybius and the Founding Fathers: the separation of powers wrote:]The arguments for this position will be presented in three chapters. The first will trace the origins of the theory of mixed constitution to antiquity and especially Polybius’ Histories,4 while underscoring similarities between Polybius’ system and that of the American Constitution. Other sources will include Herodotus, Thucydides, Plato, Aristotle, his pupil Dicaearchus of Messana, Diogenes Laertius, and Cicero.
This process is not affected by who appoints them. The division of power is set out in the constitutions. The judiciary gets their power from the laws, not from who appoints them.
I just now understood your confusion. Saying it did not matter which party was only if the judges appointed were true jurists without political affiliation. This was the ideal of who should be appointed. We have corrupted that so they are now political appointees. My comment now means that it does not matter which person in the controlling party appoints them. The President or the Legislature does not matter because they will both make political appointments.
You are confused about very many things. First of all, "we" does not apply as you are American and we are talking about the Polish system. It is important to be concise instead of making generalised statements that have no communicative meaning whatsoever as hardly anyone understands what it is that you want to express and even if one did, it would still be irrelevant as Poland is not the US. Second and more important, this not about removing the power from the President to the Legislature but from the National Judicial Council to the Legislature. This is removing the independence of the Judges and passing it to party officials. This is the very definition of political affiliation. Considering the fact that you find political affiliations as wrong one can only wonder why it is that you find it right in Poland's case. Is it only because for some reason the name EU is involved and you find it impossible to agree with a body that you apparently hate?
Parliament has already passed a bill which ends the terms of current members of the National Council of the Judiciary, one of the main judicial bodies, and gives parliament powers to choose 15 of its 25 members.
And of course it matters if the Judges choose the Judges or if party officials choose the Judges. When party officials are given this power they use it to appoint their own associates who can then forget to prosecute them if need be. What happens then is an erosion of civic life, disregard for the rule of law and the eventual destruction of the nation-state and its pillars.
Saeko wrote:Soon they'll be passing laws that benefit themselves and their constituents!
First and foremost by removing the right of their citizens to an independent judiciary.
For some silly reason you assume that every fascist is a good fascist.
...take your common sense with you, and leave your prejudices behind...