{"id":375,"date":"2018-06-04T18:49:45","date_gmt":"2018-06-04T18:49:45","guid":{"rendered":"https:\/\/governancesolutions.wordpress.com\/?p=375"},"modified":"2022-04-05T16:41:23","modified_gmt":"2022-04-05T16:41:23","slug":"human-nature-and-judiciary","status":"publish","type":"post","link":"https:\/\/sunesishq.com\/notes\/human-nature-and-judiciary\/","title":{"rendered":"Human Nature & The Judiciary"},"content":{"rendered":"

Today, the U.S. Supreme Court has ruled in favor of Jack Phillips<\/a>, the Colorado baker who refused to create a wedding cake for a same-sex marriage ceremony.[1]<\/span><\/span><\/a> This is a win for religious freedom says Franklin Graham! But not everyone shares this view. Some feel this is a swipe at the LGBT movement. Neither of the above are the focus of today\u2019s blog. What is of interest for today is the integrity and impartiality of the Supreme Court\u2019s decisions and the judiciary as a whole. What does this ruling teach us about the U.S. justice system? \u00a0<\/span><\/p>\n

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But before we delve into this case and the ruling, first let us consider the greater context within which the judiciary sits. The judiciary (also known as the judicial system or court system) is the system of courts that interprets and applies the law in the name of the state.<\/span><\/p>\n

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SEPARATION OF POWERS<\/span><\/p>\n

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One of the most widely used models of Government argues for a separation of powers. Separation of powers refers to \u201cthe division of the legislative, executive, and judicial functions of government among separate and independent bodies<\/u>. Such a separation, it has been argued, limits the possibility of arbitrary excesses by government<\/u>, since the sanction of all three branches is required for the making, executing, and administering of laws\u201d.[2]<\/span><\/span><\/a> <\/span><\/p>\n

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This idea that government is made up of three arms, branches is not new. It can be traced as far back as to biblical times. <\/span><\/p>\n

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Isaiah 33:22 For the LORD is our judge (JUDICIARY<\/span>), the LORD is our lawgiver (LEGISLATUE<\/span>), the LORD is our king (EXECUTIVE<\/span>); it is he who will save us.<\/span><\/p>\n

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In kingdoms, all three arms \/ branches were concentrated in the King. In democracies, the three arms of government are decentralized so none should have excessive power and there should be a system of checking if a correct balance is maintained between the three branches so as to avoid abuse of power to protect the rights and liberties of the citizens.<\/span><\/p>\n

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CHECKS AND BALANCES <\/span><\/p>\n

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Checks and balances is a \u201cprinciple of government under which separate branches are empowered to prevent actions by other branches and are induced to share power<\/span><\/u>. The framers of the U.S. Constitution, who were influenced by Montesquieu and William Blackstone among others, saw checks and balances as essential for the security of liberty under the Constitution: \u201cIt is by balancing each of these powers against the other two, that the efforts in human nature toward tyranny can alone be checked and restrained, and any degree of freedom preserved in the constitution<\/span>\u201d (John Adams).\u201d[3]<\/span><\/span><\/a><\/span><\/p>\n

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FUNCTIONS OF JUDICIARY<\/span><\/p>\n

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The function of the judiciary is to interpret the law. In the United States court system, the Supreme Court is the final authority on the interpretation of the Federal Constitution and all statutes and regulations created pursuant to it. <\/span><\/p>\n

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“Judges,” says Lord Bacon, “should remember that their office is jus dicere<\/span> and not jus dare<\/span>; to interpret law<\/strong>, but not to make law or give law<\/strong>.” Yet the nature of our system of jurisprudence is such that in practice a nice adherence to this precept is often difficult, if not impossible<\/span>.[4]<\/span><\/span><\/a> <\/span><\/p>\n

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PRINCIPLES OF JUSTICE<\/span><\/p>\n

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In interpreting the law, the judiciary is expected to be impartial. This is depicted in the statue of Lady Justice is an allegorical personification of the moral force in judicial systems. <\/span><\/p>\n

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\u00a0<\/span>Her attributes are:<\/span><\/p>\n

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