Peloni: There was a time when democracy represented rule by consent of the people, but now it is increasingly accepted as being the fiat of some fop in black robes.
by Drieu Godefridi • Gatestone Institute • July 8, 2025
In the West, it is not the executive that threatens the separation of powers. It is faceless judges lacking democratic legitimacy who legislate on the pretext of judging. The torrents of universal rules and requirements deriving from articles of the European Convention on Human Rights (e.g. privacy, dignity), and the rulings of the European Court of Human Rights (pictured) are probably the worst modern example of tyrannical judicial imperialism. (Photo by Adrian Grycuk – Own work, CC BY-SA 3.0 pl, Wikipedia)
- In the West, it is not the executive that threatens the separation of powers. It is faceless judges lacking democratic legitimacy who legislate on the pretext of judging…. [T]his judicial imperialism… [has] become a judicial tyranny….
- These innovations… have gradually established the Israeli Supreme Court as the ultimate arbiter of all questions, not only legal but also political. Any Israeli citizen — and any NGO, even one funded from abroad — has the right to ask the Supreme Court to overturn any democratic decision…. There is no decision of the Israeli government and parliament that cannot be overturned by unelected judges.
- [Marine Le Pen and her supporters] argued, accurately, that the judges were essentially preventing the French people from voting for Le Pen.
- There is effectively no longer a single “right-wing” measure that can be adopted in any field by Parliament or the government without being struck down by the Constitutional Council or the courts. When the left loses at the ballot box, it is certain to win in the courts. In France, the judge reigns and the people no longer seem to have sovereignty over anything.
- The torrents of universal rules and requirements deriving from articles of the European Convention on Human Rights (e.g. privacy, dignity), and the rulings of the European Court of Human Rights are probably the worst modern example of tyrannical judicial imperialism. The anarchy of immigration in Europe is entirely of its making.
- The US Supreme Court decided last week that the district court judges had jurisdiction over specific cases and plaintiffs in their districts — not across the nation.
“The judges of the nation are only the mouth that pronounces the words of the law, inanimate beings who can neither moderate its force nor its rigor.”
— Montesquieu, The Spirit of the Laws (1748), Book XI, Chapter VI
From Israel to the United States, via Europe, the judicial coup d’état has become permanent. In the West, it is not the executive that threatens the separation of powers. It is faceless judges lacking democratic legitimacy who legislate on the pretext of judging. Here are four salient examples of this judicial imperialism — which have become a judicial tyranny — and a proposed American solution.
Israel
All these judges (leftists) are pushing oligarchic socialism/marxism!
Time to put these unelected judges in JAIL!
The major problem is that these judges are not handing down verdicts based on the law but rather political decisions based on who they owe their allegiance to, whether by payment or coercion. Any judge that hands down a decision which is obviously against common sense or the law should be removed. This scenario led to the French revolution with heads rolling.