Because the constitution silent on how the courts are to be held in check. I am concerned that there is nothing in the constitution regarding removal of judges if let’s say a judge abuses of their power on a scale that is obvious to anyone not involved in the proceedings for example. Does the removal referendum include judges? It appears at least to me ambiguous on the issue and I am assuming that Congress is the only body that appoints and that the president nor the senate has any role on this.
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The Constitution is also silent on allowing lower courts. If one views a constitution as a document saying what the Congress or Executive CAN do, then there can be no lower courts. If one views the document as saying what the Congress or Executive CAN’T do, then maybe lower courts can be created, but the Supreme Court would have to make a decision.
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Excellent points Martin and Darryl,
Is there any reason to not have judges be added to the list of govt employees that can be removed from their positions by e-vote of citizens? Why not have every single govt worker be able to be e-voted out (and maybe even every govt contractor as well)?
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I hope this is the case for judges that the people retain removal powers in cases of abuse of power for example.
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I’m also curious if the Congress has adopted any rules on qualifications for Supreme Court judges?
I have found it
Article 28: Qualifications of a Judge
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Judges must be legally trained, experienced, and ethically sound.
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The Ministry of Justice may cancel unqualified appointments within 15 days.
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If there is a shortage, interim appointments may be made with training requirements.
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