Robert Bork and the issue of judicial dictatorship

The people in this region, thanks to the ICTY Tribunal and the functioning of the judiciary in the protectorates (Bosnia and Herzegovina, Kosovo), already have the idea of the so-called 'political justice' or the abuse of the judiciary for political purposes. The novelty to be considered i...

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Bibliographic Details
Main Author: Đurković Miša
Format: Article
Language:English
Published: University of Belgrade, Faculty of Law, Belgrade, Serbia 2018-01-01
Series:Anali Pravnog Fakulteta u Beogradu
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Online Access:https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2018/0003-25651803185D.pdf
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Summary:The people in this region, thanks to the ICTY Tribunal and the functioning of the judiciary in the protectorates (Bosnia and Herzegovina, Kosovo), already have the idea of the so-called 'political justice' or the abuse of the judiciary for political purposes. The novelty to be considered is that this mode of 'American illness' with the support of foreign powers is increasingly beginning to enter into both theory and practice in our countries and legal systems. In this way, our leftist judges will increasingly begin to work with politically correct lawyers to implement the models, solutions and procedures we find in Bork's valuable works. Bork emphasized that all technical, political and legal issues always get reduced to two basic ones that people must always ask: Who are we? And how do we live? The position of the judge may be either the position of a dictatorial oligarchy that imposes on the people the answers to the above questions, or the position of real freedom keepers, which enable the people to be respected what he has chosen for himself.
ISSN:0003-2565
2406-2693