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this post was submitted on 15 Jun 2025
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Canadian judges are all appointed by politicians and we don't have half the partisan issues America does.
Still seems like a bad idea to me. I honestly don't even know how they're appointed here in Australia, because this shit never, ever comes up.
The USA made it a long way without it being a serious issue, like 200 years. Like presidents would pick qualified federal court judges whose judicial philosophies tended to favor their side a bit more, but were generally good at being fair jurists, and cases decided along the lines of which party's president had appointed them were super rare.
Then in the 80s, Reagan started appointing more explicitly partisan judges, and a far right activist think tank started grooming ideologues who were law students as potential future justices, a few of whom Trump ended up appointing. Basically every appointment after 1982 either continued the trend, or worsened it, with the notable exception of Obama appointing Marrick Garland, though he knew there was a good chance the Senate wouldn't approve any nominee.
It's one of those systems that works fine if everybody is acting in good faith, and crumbles when someone tries to take advantage of it. Yeah it's probably a bad idea.
Any system that relies on everyone acting in good faith is flawed from the get go. You were just lucky until you weren't.
That's true, but it's very hard to come up with a system that can't be gamed. The fact that you're not aware of Australia's system works means it's probably even more vulnerable to exploitation because nobody in Australia is paying attention.
Really, all political systems are based to some extent on people acting honourably and acting in the best interest of the country rather than themselves or their political party. Eventually that always breaks down.
The main reason I'm unaware is because I couldn't be arsed looking it up when I posted that, but you make a good point. It's concerning that our conservative party was trying the same culture war bullshit that worked so well in America, but heartening that we collectively told them to knock that shit off in the last election, although I'm not sure the lesson stuck.
AUS is a commonwealth country like Canada. Your judges are appointed by the attorney general. Who in turn is appointed by your governor general (the king's representative) but advised by your PM. Basically chosen by your PM as the 'ole GG is basically all pomp and circumstance only. A figurehead choosing not to use their actual power. Good faith and all that.
You have a new attorney general in 2025. You probably should check it out. It's a system that relies on everyone acting in good faith and is quite political. The reason why it never comes up is because it hasn't broken down yet.
Note: the GG is appointed by the king who has the ultimate decision making power but, good faith. He is also "advised" by the PM, by the way. Just to double down on your concerns.
Ironically enough, the only reason I know politicians appoint judges in Queensland, is because of a rather infamous appointment we had.
TIL. At least there was significant push-back over it.