Wednesday, July 30, 2008

Judges and Politics

Its a common perception to see the judiciary as somehow operating 'above' politics. Yet legal decisions always have a political component, which becomes more evident in times of crisis. The decision today, for example, by the Turkish Consititutional Court not to ban the ruling Islamist party is particularly naked example of this.

http://www.nytimes.com/2008/07/31/world/europe/31turkey.html?hp

However, it happens all the time in the U.S. A perfect historic example is how the Supreme Court during FDR's administration cleared most of the obstacles to the New Deal, even though the justices - mostly conservatives appointed by Republican presidents - contradicted earlier rulings they'd made.

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