Finally, the US democratic institutions have shown that they have a semblance of democratic ideals still left in them!! The US judiciary is tied to its executive as the US President chooses at least some US Supreme Court judges during his tenure.
Bush has been pushing Guantanamo agenda and making access to legal rights for the prisoners almost impossible. Now after years of pussilianimity, the Supreme Court put its foot down and given its piece of mind:
In essence, the court said to the Bush administration that it can continue with the flawed proceedings at Guantanamo, but when they are reviewed by the courts, the prisoners will have a full range of legal tools to challenge their detentions, and the burden of proof will be on the government.
Basically the ruling said that foreign terrorism suspects held at Guantanamo Bay, Cuba, have a constitutional right to challenge their detention in U.S. civilian courts and that the US Administration’s system for classifying the detainees as enemy combatants is not completely legal.
As expected – against the democratic norms and in spirit of nepotism – Chief Justice John Roberts and Justice Antonin Scalia put in their dissent. And that was my point. IN a REAL democracy – Judiciary, Executive, and Legislature have to be CHECKS and BALANCES on each other. You cannot have executive run the show with an iron fist. Then, such a society is no different from a dictatorship!
Here is a copy of the judgment.
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