Rule Of Men, Not Rule Of Law: Why Should Composition Of Bench Matter?
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In an article in the Indian Express (02-07-15), Rajeev Dhavan, a senior advocate in Supreme Court of India, mentions a disturbing trend: that in many cases, judgement depends on the composition of the bench delivering it. Hidden in this statement is the single most important factor that has become the bane of rule of law in all democracies: that judges decide cases in accordance with the political ideology they subscribe to, instead of in accordance with the law. So much so that, in America, each of the parties want to have its candidate as President for one important reason, that he would get to appoint the US Supreme Court judges.
Rule Of Men, Not Rule Of Law: Why Should Composition Of Bench Matter?
Rule Of Men, Not Rule Of Law: Why Should…
Rule Of Men, Not Rule Of Law: Why Should Composition Of Bench Matter?
In an article in the Indian Express (02-07-15), Rajeev Dhavan, a senior advocate in Supreme Court of India, mentions a disturbing trend: that in many cases, judgement depends on the composition of the bench delivering it. Hidden in this statement is the single most important factor that has become the bane of rule of law in all democracies: that judges decide cases in accordance with the political ideology they subscribe to, instead of in accordance with the law. So much so that, in America, each of the parties want to have its candidate as President for one important reason, that he would get to appoint the US Supreme Court judges.