Inequality, Access To The Courts, And Judicial Integrity

Abstract

Because political conflicts inevitably become legal conflicts, judicial integrity is an essential element of any system that protects civil rights and civil liberties. Judges must be willing and able to defend the politically powerless from oppression and exploitation. In this chapter, we argue that mass inequality in capitalist nations, particularly the United States, poses a substantial threat to judicial integrity. First, we document the development of a two-tiered system of civil justice that effectively reserves courtrooms for the haves and prevents have-nots from accessing the courts. Second, we maintain that the widespread practice of judicial elections, which appears to make justice a commodity, undermines public trust and potentially corrupts judicial behavior. Finally, we note that organized interest groups are beginning to extend their influence beyond the US Supreme Court by filing amicus curiae briefs in other courts, including state supreme courts, to the detriment of the unorganized masses. For these reasons, we believe that growing inequality presents a serious challenge to judicial integrity in capitalist countries and hope to draw attention to this problem.

Publication Date

1-1-2016

Publication Title

International Human Rights and Justice

Number of Pages

37-52

Document Type

Article; Book Chapter

Personal Identifier

scopus

Socpus ID

85022051252 (Scopus)

Source API URL

https://api.elsevier.com/content/abstract/scopus_id/85022051252

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