WHY JUDGES AND POLITICIANS ARE SEPARATE
THE excruciatingly divisive ‘job interview’ that Judge Brett Kavanaugh has endured in the US senate – as part of the nomination process for that country’s Supreme Court – must serve as a reminder to us on this side of the pond to keep politicians well away from judicial appointments.
The senate committee hearings have demonstrated how politics devoid of decency degenerates into a savage amorality.
Serious allegations of sexual criminality have been made against President Donald Trump’s Supreme Court pick. Brett Kavanaugh’s main accuser, Dr Christine Blasey Ford, says she is 100% certain he attacked her. He say’s he’s 100% certain he didn’t.
There is absolutely no way of knowing who’s telling the truth. But there are basic principles that, in a civilised society, should guide our decision making.
And the most fundamental principle of all is that people are innocent until proven guilty – not the other way around.
The Belfast rape trial earlier this year reminded us how important this principle is.
Keyboard warrior and shoot-emup weirdos on social media illustrated how, if that basic concept of fairness is set aside, all hell breaks loose.
Politicians everywhere, including members of the Oireachtas, have an innate capacity for gratuitous injustice. That’s why, on occasions, Irish judges have been forced to put their finger on the scales to even things up a little.
Judges, in order to do their jobs, must be protected from politicians. They must be truly independent.
That’s why the appointment process should be conducted by a special body outside the control of government, with the Government making the final decision on strict, open and independent guidance.