Presidential Commission on the Supreme Court of the United States
democratic governments “regress” or “backslide” with respect to judicial independence. This has come about through electoral majorities using their power to restructure previously independent institutions, including courts, to favor the political agendas of those governments. Comparative political scientists have concluded that the democratic systems most resistant to this prospect are those in which an electoral majority is not sufficient to change the fundamental structure of institutions such as the courts.
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