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Securing the Democracy: The Role of the Legal System

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published March 26, 2023

Summary

Democracy is a cornerstone of many modern societies, giving citizens the right to free speech and self-governance. Democracy is sustained by a system of checks and balances, which ensure that the voices of the people are heard and respected. One of the key elements of a democracy is its judicial system, which serves as an anchor of stability and security. This article examines the importance of the judicial system in maintaining a strong democratic society.

The judicial system is a crucial component of any democracy as it provides citizens with an equitable and just system of legal recourse. The judicial system provides citizens with a forum to resolve legal disputes and challenge laws that may be deemed unfair or discriminatory. In addition, the judicial system ensures that laws are applied evenly and without discrimination, regardless of gender, race, religion or economic status.

The judicial system also serves to create a safe and secure environment for citizens to express their opinions and interact with each other. Without a strong and independent judicial system, citizens may feel threatened to voice their opinions and exercise their rights. By upholding the rule of law, the judicial system ensures that citizens feel safe and secure, allowing for the full expression of democratic rights.

In addition to its role as a source of legal recourse and stability, the judicial system also serves as an essential check on the actions of the other branches of government. Through their rulings, judges help to ensure that the actions of the executive and legislative branches adhere to the principles of democracy, including the protection of civil liberties.

To sum up, the judicial system plays a vital role in any democracy, providing citizens with access to justice, legal recourse and protection of their civil liberties. By upholding the rule of law and serving as a check on the other branches of government, the judicial system acts as an anchor of stability and security, ensuring the continued health of democracy.
 

The foundation of democracy

The foundations of democracy have been built upon a solid foundation of freedom, right, and justice. It is the cornerstone of a nation's sovereignty and security. A nation's resilience and stability depend upon the implementation of democratic principles, as they ensure the rights of citizens and guarantee the protection of their civil liberties.
 

The principle of democracy

The principle of democracy has been around for centuries, existing even in ancient Greece and Rome. It was based on the idea of shared powers among the people, and that all citizens should have an equal say in politics and government. This concept is still the basis of democratic governments today.
 

Voting in democracy

Voting is one of the most important aspects of any democracy. It is the process of citizens expressing their will and choosing their representatives. Without the right to vote, governments can easily become oppressive and undemocratic. Therefore, it is important to ensure that everyone has an equal opportunity to participate in the democratic process.
 

The importance of a strong democracy

A strong democracy is essential to a nation's prosperity and security. A government that is accountable and transparent is more likely to produce good results and to create a society in which citizens have the right to freedom of speech and assembly, equal opportunities, and an equitable standard of living. Additionally, a well-functioning democracy provides a system of checks and balances against the abuse of power by those in authority.
 

The anchor of democracy

The media serves as the anchor of democracy, informing citizens of current events and shaping their opinions. In a free and fair society, the media acts as a watchdog in holding governments accountable for their actions. The media also serves as a platform for constructive debates and public discourse on various issues. By ensuring citizens are well-informed and engaged, the media helps to promote a thriving democracy.

<<In the 1830s, French traveler Alexis de Tocqueville praised America's use of the jury in his books on "Democracy in America." He observed, "By obliging men to turn their attention to other affairs than their own, it rubs off that private selfishness which is the rust of society. [The jury] invests each citizen with a kind of magistracy, it makes them all feel the duties which they are bound to discharge toward society and the part which they take in its government."

United States
Yet in the 21st Century, the "anchor" is giving way, and the feeling of "magistracy" is gone. Jury duty, rather than a revered foundation of our democracy, is the sad subject of eye-rolling and celebrity scandal.

In July 2003, television star Ashton Kutcher reached a career low with his performance at jury duty. Upset that he was missing a day of work, Mr. Kutcher later boasted that he answered jury selection questions in such a way as to ensure his excusal from jury service in a car-accident case. A few months later, Dustin Hoffman, star of the film "Runaway Jury," admitted that he has been called for jury duty but never went to court because he was always working. Carmen Electra had to be excused from a jury because of the commotion she caused, but at least she was willing to serve. Woody Allen reportedly appeared for jury duty but told the judge that he does not believe in the legal system.

Poor attitudes about jury duty undermine the great efforts of the many people who have had to fight to even be considered for jury service. The selection process is now so random that a New York town justice recently was summoned to appear for jury duty in his own court…before himself. However, justice has not always been so blind.

Not long ago, women and minorities struggled to be equally included as qualified jurors. In 1946, the United States Supreme Court declared that the intentional exclusion of women from juries "deprives the jury system of the broad base it was designed by Congress to have in our democratic society" (Ballard v. United States, 329 U.S. 187). However, the case addressed only federal jury selection, and women were not assured of inclusion in state jury pools.

Indeed, in 1961, the Court decided that state laws which effectively excluded women from jury pools were not discriminatory (Hoyt v. Florida, 368 U.S. 57). Finally, in 1975, the Court reversed that position. In Taylor v. Louisiana (419 U.S. 522), the Court stated that jury pools without women violate a criminal defendant's right to be tried before a true cross-section of the community. "If it was ever the case that women were unqualified to sit on juries or were so situated that none of them should be required to perform jury service, that time has long since passed."

Minorities faced similar challenges. In 1968, the Federal Jury Selection Act was passed to increase the diversity of the pools from which federal juries are drawn, and many states followed suit. However, it was not until 1986, after Batson v. Kentucky (476 U.S. 79), that peremptory challenges could not be used to strike individuals from the jury on a discriminatory basis. These strides forward are not so far removed in America's history as to provide the luxury of viewing jury duty as flippantly as we do.

At a time when jury duty has fallen out of vogue, many leaders still strive to promote the intangible, invaluable benefits of our jury system. New York's Chief Judge has long made jury-related issues one of her top priorities. In fact, she has reported for jury duty. Other leaders and lawyers who have completed or reported for jury service speak positively about the experience. Former New York City Mayor Rudy Giuliani has served as a jury foreperson. Former President Bill Clinton was willing to perform jury service, although the judge excused him for fear of courtroom disruption.

Since the days when Jefferson championed juries and de Tocqueville attributed Americans' "practical intelligence and political good sense" to our use of them, our jury system certainly has changed. However, the precious connection between juries and democracy has not.
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