Out of Order: Arrogance, Corruption, and Incompetence on the Bench

Out of Order: Arrogance, Corruption, and Incompetence on the Bench

Out of Order: Arrogance, Corruption, and Incompetence on the Bench

Out of Order: Arrogance, Corruption, and Incompetence on the Bench

Synopsis

"Stripping away the cloaks of judicial folderol, Max Boot has uncovered the new cancer of capitalism -- the exploitation of the law to advance the interests of judges at the costs of business and the public. In scathing prose and detailed reporting, Boot rises to challenge the bench".

Excerpt

The subtitle of this book -- "Arrogance, Corruption, and Incompetence on the Bench" -- sums up a judicial system that is, to put the matter mildly, not working well. All too often, it is not even performing tolerably. Yet laymen rarely have a complete understanding of what is taking place and those lawyers who do, by and large, become cynically accepting of a system they do not admire but have learned how to work, or at least to live with. This book focuses on American courts, but it may be worth noting that much of what has gone wrong occurs everywhere there is an independent judiciary, and most especially where there is a written constitution. In this context, independence is another word for power. Men and women given unaccountable power will often use it to further their own ends, not the ends of the polity which they exist to serve.

Thus, a wholly unanticipated change has occurred in the governance of all Western industrialized democracies, including the United States, perhaps preeminently the United States. Designed as governments in which legislatures would be dominant, the instruments by which policy is made, these countries have acquiesced in the increasing movement of political decisions into their courts. Judges both write and apply the constitutional law. Nor is this a mere technicality. The constitutional law judges make affects the lives of the citizenry in intimate detail by remaking the cultures in which they live.

The United States, the first government to accept courts that applied a written constitution as law, took longest for this transformation of the judiciary to occur. But the United States has become a model for other countries and the judicialization of their politics took root almost immediately.

Designed to be the least powerful of the three branches of the American government, the judiciary has steadily increased its powers so . . .

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