18 October 2020

No Justice, at all

In one of my previous posts, I said that your average dictatorship usually has lovely, complete, and just laws are written. When you read them, they are marvelous. For example, in my country of origin, there are written laws and procedures on how to deal with the inheritance so that nobody can con no heirs after losing the loved one. By those rules, courts, when the person dies, will start the inheritance procedure and inform all the heirs about the procedure. The statements of each heir will be taken, and the judge decides what is the fairest distribution of the deceased’s property. That’s what lawmakers wrote.

The catch is that law, as all others are simply not enforced as they should be, so something different happens. 

But I will backtrack a bit, pointing out what was going on in Poland in the last few years, and let you draw the parallels with the situation in the USA. So you probably heard that in Poland the current ruler is doing his best to remove old judges and install new ones. His argument is, he needs to remove judges from the old regime. The catch is the previous dictatorship did the same, removed old judges, and installed new-regime friendly ones. That is the standard approach in every dictatorship. After the second world war, when my country of origin transferred from Kingdom to socialism, all old judges were killed, and the new regime put new judges. The government informed people that the government is doing its best to remove remains of the old oppressive system who considered ordinary people unacceptable to live or decide for themselves and put the new judges who respect ordinary men and put the needs and wishes of the ordinary men first. 

That was an excuse. Every new judge was carefully vetted to show loyalty to the dictator and new leadership. If they were not supporting the “great leader”, they could not even get nominated for the position. Oh, there was a sham process to choose judges. I say sham because the last thing anyone was worried about was merit. No, who cares can the nominated person do the job and actually be a judge. It was important that the nominee supports the government and dictator. 

This results in no justice for the average citizen. Every court decision is made to support the dictator and government, and anything else is ignored or botched up. So now, let us go to the above example about the inheritance laws. For the average person, courts do not start the procedure. It waits till one of the surviving heirs requests it. Because courts do not care about the law. The person who requests it is the one who names other heirs, and I know about the case where the name of the other heir is spelled wrong, so the court does not inform them. After several times of no-show up, the judge usually just gives everything to the heirs who appeared and ignores the heirs who did not. So the very law, made to prevent trickery of the heirs, is in fact used for effective cons. 

Meaning, courts in a dictatorship are not there to help citizens but to ensure everyone stays in their places and follows the prevailing ideology. 

That’s what is behind Mitch’s court-packing during this presidential term and refusing to confirm any judge during the previous presidential term. In a real representative democracy, merit, not ideology, and political leaning should lead judges picking. 

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