[EM] Judicial &c. Elections

LAYTON Craig Craig.LAYTON at add.nsw.gov.au
Sun Jul 22 22:53:30 PDT 2001


This is in response to Demorep's plan to hold elections for everything,
although I've deleted the original email.

Unfortunately, without a very strong non-political tradition attached to
certain offices, if you make those offices open to election, they will
become political, and very likely party-political.    It's a matter of
weighing up the benifits of direct election to the consequences of
politicising an judicial office (or the like).

If you desire a non-political executive/president (although the US system is
not well designed for this), it should be elected with a 2/3 parliamentary
(legislative) majority.  Judicial offices can be appointed by the indirectly
elected President or majority leader, and if you desire additional checks
and balances, you can add a ratification requirement (2/3 of the
legislature).  The cabinet could follow the same proceedure, although I
often think that the appointment of a cabinet is the most delicate and
difficult part of designing a political system.  I doubt that anyone has
really got it right so far.



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