The Myth of Secular Judicial Independence

In principle, the concept of judicial independence is a Christian concept. Without a God to whom the judge is answerable and in whose place the judge rules, there is nothing to stop the judge from simply following the ruling elite’s direction. You could argue that in a secular system popular election would provide the potential for some independence. However, notice how the ruling elite complains about all the “problems” surrounding popular election – the people are ignorant, campaign contributions corrupt the judges, it’s “unseemly.” These are the ostensible reasons for prohibiting the people from choosing their own judges, but the real reason is that when the people choose their own judges, the unions of legal professionals (bar associations) and the ruling judges and politicians have little or no control over who becomes a judge, and this they cannot tolerate.

Continue reading “The Myth of Secular Judicial Independence – post 1”