Friday, January 13, 2006

US seeks to dismiss Guantanamo challenge.

US seeks to dismiss Guantanamo challenge. :

"The Bush Government has urged the US Supreme Court to dismiss a case that challenges the US President's authority to create military tribunals that try Guantanamo Bay prisoners for war crimes."

A democracy has separated the powers of the state, the judiciary and the church to enable the rule of the people by the people and to prevent vested interest. I think we need to go back to basics and understand why our forefathers decided to separate those powers. If we no longer approve then we shall have to rediscuss it all and set up a model we prefer. Without looking at the whole picture, this bit here being changed and that bit there being modified, will skew our democracies. We have a similar problem here to the extent the Liberals have the power in the senate and so there is no discussion by the people and by all parties about what we need and want. It's a loaded dice situation. The courts are there to run the country because they have the legal expertise and knowledge...or they are supposed to. There is nothing wrong with arguing a case about some law or another but in the end, the law is the law and the supreme court is the last word. Challenging laws or recreating them has to be done within the legal framework of a country. If that is judged to be faulty , then it has to go back through the constitutional paths and then to the judiciary . A democracy is purportedly about the people electing a government to govern. Electing them does not give them a mandate to do as they please. We are at a stage in our democracies where we do need to debate some of these issues long and hard and use the best approach possible because it's true, some of the things occurring are odd. Not unheard of, so we do have a basis for discussion.

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