One thing that surprised me when I first lived in the US, and continues to stand out as an oddity to me is the election of judges. It confuses John Oliver too, leading to this segment on Last Week Tonight:
For me, it’s a great example of an idea I’ve talked about often, that democracy is not just about having elections, and having more elections doesn’t automatically make things more democratic. Democracy is an ongoing process, not a single event, and that process needs lots of different parts to work together to ensure it succeeds.
Electing judges is a pretty extreme example (from the land of extreme examples) but it does get to the point that judges and politicians have different roles within the democratic process, and electing judges starts to confuse the roles. Roy Moore, the Alabama judge at the start of that LWT item, has run for several political roles while serving as a judge, and that sort of confusion between the judicial and the political is common in US politics.
The point is not to say that judges should be free from and challenge or oversight, but that within a democracy not every post needs to be appointed in the same way. Every post in a democracy is appointed in some way, the question is who does that appointment and how – elections are perhaps the most obvious way of doing it, but that doesn’t make them the best or most appropriate in all circumstances.
We’ve seen it in Britain with Police and Crime Commissioners who were brought in to supposedly make accountability of the police more democratic than the existing system of Police Authorities because direct election, rather than appointment through other elected bodies was seen as ‘more democratic’. What we’ve ended up with, however, isn’t any better scutiny or accountability of the police, but a network of what appear to be very well paid spokespeople for the police, who now get brought out instead of the chief constable when the media need someone for a comment.
Democracy is a complex process, and not one that’s easily solved by simply electing everyone and hoping for the best. Sadly, that’s the message we keep getting sold, where an elected mayor trumps a complete lack of democratic accountability. We’re not likely to be electing judges here, but we need to keep making the arguments for real democracy.