Wednesday, January 6, 2021

Whose Argument Gets Adjudicated By a Judge?

The very purpose of the argument being to sway the judge in its favor, under "Due process of the law" the argument submitted for adjudication has to come from parties, not the judge.

The function of a judge is to certify as a winner the party with a stronger argument, not to make stronger the argument of the party the judge wants to certify as a winner.

Judges' own, "Sua sponte." argument is what decides many a case.

Decision-making allows a judge to arrive at any decision whatsoever, since parties' argument, no matter how valid, proves nothing.

While judges take for adjudication parties' argument, what often gets adjudicated is the sua sponte.

Argument of judges' own concoction, allowing judges to decide cases the way they want to, not the way they have to.

If Trump forces the press to start treating the judiciary as any other branch of government, looking into how judging is actually done - and more specifically, whose argument gets adjudicated, thus allowing the press to force judges to abide by due process of the law and adjudicate parties' argument, not judges' - his presidency will be transformative like no other in American history.

https://spectator.org/adjudicated-by-a-judge/ 

No comments: