Surely this highlights a misnomer, especially in a system with the principle of the seperation of powers, the executive should be made exempt from such service for the duration of the term of office.
Actually I find it reassuring that *everybody* is eligible – surely in a system where everyone is supposed to be equal they should be treated equally in this regard as well?
(Edit: That is one interpretation, however given that the system is supposedly built upon seperation of powers then I do think it is an anomaly. The legislature and the executive should not take part in a judicial process, even as a small cog. Interestingly, John Kerry recently served as a foreman on a jury – Murk)
Hmmm – I see your point too, but surely “separation” includes separating the personal from the public? When those people are on a jury they are there not as their public persona but as a normal private citizen – should they not be afforded the same rights of representation as everyone else?
(Edit: I have sympathy with the argument, however is it possible in practice to seperate the person of, say, the president from the post? If it were, could Bush be a member of the judiciary on his days off? That is, assuming he gets days off. If the answer to this is ‘no’, then surely the same logic should be applied to the role of jurist? – Murk)
2 Comments
Actually I find it reassuring that *everybody* is eligible – surely in a system where everyone is supposed to be equal they should be treated equally in this regard as well?
(Edit: That is one interpretation, however given that the system is supposedly built upon seperation of powers then I do think it is an anomaly. The legislature and the executive should not take part in a judicial process, even as a small cog. Interestingly, John Kerry recently served as a foreman on a jury – Murk)
Hmmm – I see your point too, but surely “separation” includes separating the personal from the public? When those people are on a jury they are there not as their public persona but as a normal private citizen – should they not be afforded the same rights of representation as everyone else?
(Edit: I have sympathy with the argument, however is it possible in practice to seperate the person of, say, the president from the post? If it were, could Bush be a member of the judiciary on his days off? That is, assuming he gets days off. If the answer to this is ‘no’, then surely the same logic should be applied to the role of jurist? – Murk)