Procedural or substantive justice is the eternal topic of our discussion

Matt 2022-12-05 02:22:23

In judicial practice, whether the procedure takes precedence or the entity takes precedence is probably our eternal topic. It is true that the judicial practice of the American judicial system fully implements its Anglo-American philosophy of procedural supremacy. But looking at the nomination process of the justices, all of them reveal the essence of American politics, that is, the game between the two parties, although they seem to follow the procedures strictly and seem to be perfect. But there will still be a bizarre verdict like the Simpson case. Just like the "Key Judgment" I watched tonight, the alleged sexual harassment of a female subordinate during the nomination process of Justice Clarence Thomas was definitely the blockbuster news of that era. However, the incident ended sadly with a narrow four-vote nomination to become a Supreme Court justice, of course, my sentimental judgment is to first regard it as a coward of sexual harassment. But for Justice Thomas himself, he may have achieved his wish but discredited, so that he has rarely spoken on the Supreme Court for many years.
Some people often envy the American judicial system, but what choices should we make in the face of justice and procedure? I have to say that it is not someone else's judicial system that is necessarily suitable for us. In all fairness, if this happened in China, would he still be nominated? This is the tangle of our hearts. In fact, the design of these systems is not accidental. Because the nine justices of the Supreme Court of the United States hold different ideas, whether conservative or free, many decisions are made because of personal opinions. The more obscure the result of deviating from legal justice, the more forceful it is to focus on the attitude of the judge in the judgment than on the judgment itself.
The official current US Vice President Joe Biden, who chairs the Senate Judiciary Committee in the film, pays more attention to ordinary victimized individuals regardless of his political views. It also reflects the entanglement and tolerance between the American political circles, legal circles and the general public's pursuit of nobility of human nature and respect for procedural justice. As the saying goes, I oppose your opinion, but I will defend to the death your right to express it.

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Extended Reading

Confirmation quotes

  • Anita Hill: Why are you doing this?

    Charles Ogletree: I've got students more qualified than Thomas. Plus, I believe you.

    Anita Hill: What about tenure?

    Charles Ogletree: Hell, in 24 hours, I'll be able to get any job I want. Fuck tenure.

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