Submitted by Dirty_Quesadilla t3_11j0zxc in news
ParaBrutus t1_jb6apeg wrote
Reply to comment by EagleRise in Dozens of Israeli reserve pilots ditch drill to protest judicial overhaul by Dirty_Quesadilla
To be fair, the legislature can override the Supreme Court in every parliamentary system; if there’s no constitution preserving power for the Supreme Court (like in the US) then legislatures can always restrict the courts’ powers. For example, nothing is stopping Britain’s parliament from dissolving their supreme court, and unlike Israel the British high court has no power to overrule parliamentary legislation for any reason.
What makes the US system unique is that it is uniquely counter-majoritarian. The constitution giving SCOTUS its status as a co-equal branch of government cannot be amended unless 2/3 of congress (or 2/3s of states) propose an amendment, and then 3/4ths of all 50 state legislatures ratify it. That means theoretically 90% of the population could support abolishing or reforming the Supreme Court and if even just 13 of the smallest-population states oppose ratification then nothing happens.
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