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Well Obama did ask Bader-Ginsburg to step down when democrats had control of the senate (I think she’d only had cancer once at the time), but I guess you’re referring to something stronger than just asking judges to step down.

I feel like the US Supreme Court nomination system only works through a combination of frequent changes of power and most judges believing in the system and following the unwritten part of the constitution, and that the US example isn’t really a good one to copy in other democracies.




What happened is roughly this: in Poland's Constitutional Tribunal (which is as close of an equivalent of US Supreme Court as you can get in a country with a civil law system), the judges are not elected for life, but only for fixed term. As the term of the elected government was coming to an end, so were the terms of 5 of the justices in the Tribunal. However, two of these terms ended within the elected government's term, and three after it ended. As a result, the ruling party (PO) had a clear right to nominate 2 justices, and hardly any right to nominate the other three. It decided to nominate all 5 nevertheless.

The party that won the subsequent election, PiS, refused to recognize any of the 5 justices nominated by PO, and nominated 5 of their own. What happened afterwards you can read in the Wikipedia article.


Did both of those things happen through some loophole? Or is the elected party just able to kind of do whatever they want unstopped?


As far as I can tell, neither of these actions was based on any “loophole”. However, the nature of the rule of law is that it only works as long as everyone plays by the rules. When the government decides it does no longer has to play by the rules, there isn’t much that can be done to oppose them, as they still hold all the power, and are presumed to hold political authority.




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