Rule of Law Meaningless as Judges Interfer

Yes, the Principle of Rule by Law was always perhaps well intended. Stop the bad guys without being all arbitrary about it. Yes, there was always the shortcoming that not all Immoral Possibilities could ever have been foreseen by the strict letter of the Law, and so any lexicon of Laws would necessarily come up short, with cracks between the boards. Legal Systems would always have their Loopholes. Hmmm, but maybe that was the real intent of Rule by Law… that the Lawyers had from the very beginning foreseen the business opportunities in loop-holing Laws. But actually my idea with this essay is to point out that while Rule by Law may have been a Noble Experiment, we should all concede now, at this point in our Collective Experience, that it was all futile and does not work when put into practice. You see, whatever the wording of a particular Law might be, the rules of Judicial Review now state that a Law is whatever the Judges say they are. Black is white if that is that the Judge happens to say. But is that what we meant be Rule of Law?

So we do not have Rule by Law, do we? We have Rule by Judges.

Take the American Supreme Court. When all the Judges are considering the same Law set before them, all in the same language, they divide exactly down Party Lines. It must be entirely obvious that the actual Laws involved no longer matter, but it has all become the province of Judges to decide in regards to their own political convenience. You know, if we wanted politicians to decide these things, well, we already have plenty of them. Judges are just hugely redundant pay checks. More fuss than they are worth.

You know, the American Constitution contains no specific quote giving such super powers to the Judges that they now assume is theirs by some divine right … making themselves the most powerful all deciding Branch of Government. Again that was the Judges themselves deciding what the Law meant. They used Judicial Interpretation to self appoint themselves. Really, they can say that the Constitution means anything they want it to. That is the problem. As soon as it means anything these men say it does, then it has become meaningless. That may be unfortunate, but it is just the way it is.

We need to realize that if our Culture has grown so corrupt that the language of the law would be ignored, circumvented, twisted and exploited for career and profit, then we should admit that for the lack of anything better we need to go back to Rule by Men. At least men can be appointed by some responsible process. And there would even be some advantages. No more Legalisms and Loopholes. Moral Considerations would apply. Bad people could be convicted for being bad people. It would be so much better than what we are doing now.

So let us do away with Judges and lets start electing Sheriffs to set things right. If we are worried about abuses, we could still have Juries, but with the improvement of not having to follow any Judges Divine Instructions.