Monday, April 02, 2007

Our Supreme Court has gone the way of the Areopagus

Our Supreme Court has gone the way of the Areopagus, that is, the supreme court of the Athenian Empire, in great similarities. The Athenian democracy was a balanced democracy , and the sovereign will, of the people, was checked by a supreme court composed of ex-magistrates , indirectly elected by the people. Now this supreme court could veto, or declare unconstitutional a law passed by the assembly of all the Athenian people. And this was exactly what was happening, the laws passed by the people were being overturned by this high court, similar in fashion, as to what’s happening today.

From 462 to 461 BC, a series of political reforms abolished the power of this supreme court. The leader of this reform was Pericles, who would guide the Athenian democracy till his death in 429 BC. Maybe we should make some changes also, restricting the use of international cases and reducing the significance of precedents. The Greeks felt that this was an injustice in itself, to judge a case based on a similar case, and yet, being a completely different case altogether, was wrong. Each case presents a new set of circumstances, and thus, it should be judged, based not on past cases, but on its own merits.

Think about it,

By Dennis Lamb,
4-2-2007 7:18 PM