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American-style separation of powers is not perfect. Hong Kong-style separation of powers should get out of the myth of imagination

2020-09-19T15:17:21.570Z


Earlier, the "separation of the three powers" debate and supporters of the theory of "judicial independence" regarded the United States as a perfect example of the practice of the "separation of powers." However, a recent event broke this illusion. The U.S. Supreme Court Justice Ruth Ginsburg died of illness. It is believed that President Donald Trump will seize this "gifted" opportunity to appoint a new justice to fill the vacancy before the election, thus making conservatives Dominate the Supreme Court. The political background of the justices directly affects the direction of judgments in important US lawsuits in the future. The executive authorities want to influence the judicial system through appointments. This just proves that there is no so-called complete independence between the administration and the judiciary. The so-called perfect "separation of powers" The system may be just an illusion that some people want.


Political situation

Written by: Luo Kunyi

2020-09-19 23:00

Last update date: 2020-09-19 23:00

Earlier, the "separation of the three powers" debate and supporters of the theory of "judicial independence" regarded the United States as a perfect example of the practice of the "separation of powers."

However, a recent event broke this illusion.

The U.S. Supreme Court Justice Ruth Ginsburg died of illness. It is believed that President Donald Trump will seize this "gifted" opportunity to appoint a new justice to fill the vacancy before the election, thus making conservatives Dominate the Supreme Court.

The political background of the justices directly affects the direction of judgments in important US lawsuits in the future. The executive authorities want to influence the judicial system through appointments. This just proves that there is no so-called complete independence between the administration and the judiciary. The so-called perfect "separation of powers" The system may be just an illusion that some people want.

As the justices of the Supreme Court of the United States serve for life and are nominated by the president, Ginsberg’s death immediately engulfed a fierce political struggle as expected.

Generally speaking, the justices appointed by the Republican president belong to the conservatives, and the justices appointed by the Democratic president belong to the liberals. The ratio of the justices of the two parties will affect the direction of the judgment of important US lawsuits.

Previously, the Supreme Court had nine justices, five conservatives and four liberals.

Ginsberg is the oldest of the nine and is also the leader of the liberal justices.

It is estimated that President Trump will appoint conservatives to fill her vacancy, making the Supreme Court even more right.

Since Trump took office, he has appointed two conservative justices, which also means that the Supreme Court may be dominated by conservatives.

Democratic presidential candidate Biden said that the appointment of new justices should be left to the presidential election, so that after voters elect the next president, the president will nominate new justices.

But less than an hour after the news of Ginsberg’s death, US Senate Majority Leader Mitch McConnell (Mitch McConnell) issued a statement stating that “President Trump’s nomination will be in the US Senate. Voting accepted at the meeting".

Ironically, when former President Barack Obama was in office, McConnell postponed the nomination of the justices until after the 2016 election.

Once the liberals lose their "right to speak" in the judiciary, it may be followed by an earth-shaking "reform." Therefore, the seat of justice is really "a battleground for military experts."

Liu Zhaojia, the vice chairman of the National Hong Kong and Macao Research Association, pointed out in an interview with "Hong Kong 01" that several US presidents in recent years have been very concerned about the appointment of Supreme Court justices, because the political attitude of the justices greatly affects his performance during his tenure, even if there are major policies or bills. Even after it is passed by the Senate, the justices can still decide whether it is unconstitutional. If most justices tend to support the government, the president's administration will naturally get twice the result with half the effort.

Liu Zhaojia also agrees that the current use of the president and the Senate to appoint justices as a political means is actually "influencing the judiciary through the executive and legislative measures."

It can be seen that the appointment of justices has always been a political struggle. The Republican Party and the Democratic Party in the United States can seize the crucial opportunity, which will affect the direction of the judicial system in the United States in the next ten years or more. It is equivalent in terms of equivalence and degree. The judicial power is "legged" under the executive and legislative powers, and the power of the president and the Senate is used to influence the judiciary.

If we say that the three powers of executive, legislative, and judicial must achieve a considerable degree of checks and balances, and the three are completely separated in organization, function, and personnel, and each does not affect them, then they can be regarded as "separation of powers," then the American "separation of powers" is obviously There are still many "vulnerabilities".

At present, among the major capitalist countries, only the U.S. Constitution embodies the spirit of "separation of powers". If even the United States cannot fully achieve true "judicial independence" or "separation of powers," why Hong Kong is so arrogant? Boasting that you can implement the kind of complete "separation of powers" that some people want?

Separation of Powers in the U.S. 2020 U.S. Presidential Election

Source: hk1

All news articles on 2020-09-19

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