What are some pros and cons of appointed judges?

Expert Answers

An illustration of the letter 'A' in a speech bubbles

The question boils down to whether or not politics and law should mix, and if so, to what extent. Of course, the two can't be separated completely, but it's nonetheless possible to establish a relatively clear dividing line between them. That being the case, it could be argued that judges should not be subjected to the democratic process. Think of the characteristics we often associate with the ideal judge—fair, impartial, judicious, balanced—and then further consider how they could possibly be reconciled to a process which of its very nature is contentious and partisan.

Judges are there to interpret and apply the law, not carry out specific policies endorsed by the electorate. Their primary duty, therefore, is to the law, not—directly, at any rate—to the people. And the law must be interpreted and applied on strictly legal criteria, not on the basis of what the voters want. Sometimes it will be necessary for judges to go against the prevailing tide of public opinion in relation...

(The entire section contains 2 answers and 691 words.)

Unlock This Answer Now

Start your 48-hour free trial to unlock this answer and thousands more. Enjoy eNotes ad-free and cancel anytime.

Start your 48-Hour Free Trial
Approved by eNotes Editorial Team