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I don’t know what the solution is, because a fourth branch of government also could be problematic. But it’s becoming a very obvious problem that the justice de
by whynotminot 9mo ago
I don’t know what the solution is, because a fourth branch of government also could be problematic. But it’s becoming a very obvious problem that the justice department is not separate from the executive.
- efitz 9mo agoThe justice department IS part of the executive branch; it’s a department headed by a cabinet secretary.
- whynotminot 9mo agoYes? That’s what I said.
- andsoitis 9mo ago> But it’s becoming a very obvious problem that the justice department is not separate from the executive. The alternatives are probably worse. Every alternative trades political accountability for independence or vice versa. The alternatives are: An Independent Prosecutorial Branch (a “fourth branch”), OR Prosecutors as Part of the Judicial Branch, OR Congress-Controlled Prosecution, OR Fully Decentralized / Elected Federal Prosecutors. The US uses a hybrid model of executive control with strong counterweights rather than full independence. This model persists because it maintains democratic accountability, preserves adversarial courts, and allows checks without creating an unaccountable power center.
- tosapple 9mo agoHow is that all not part of the judicial branch, e.g. the "courts" ?
- adrian_b 9mo agoThere are many countries where prosecutors belong to the judicial branch, together with judges. In USA however, they belong to the Department of Justice, which is a part of the government.