The weak power - Is this still democracy?

Chief justice Marshall made his decision, now let him enforce it.

• Andrew Jackson - (it seems to be paraphrased, read more here)

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The legislative power makes the laws.
The judiciary power interprets them.
The executive power enforces them.

We all learned that. But many times in history things flipped sideways very quickly. And the weak spot is usually the judiciary power, as it has nothing but an ethical protection. If the executive decides not to follow the judiciary rulings and orders, what can the latter do? Wave their finger and say “Bad executive!”?

The separation of powers, one of the main bases of modern democracies, depends on goodwill. On agreements between all three powers. If one goes to war with another, democracy is in danger. The judiciary depends on both of the other to work with them, and work for them, only then can they do their job.

State of Honor

In a perfect state, nobody has to control the apparatus of the state, because it complies with their duties willingly. You can trust the state to do what’s best for everyone, or at least for the majority. But that’s not the case. The state is built of humans, and humans are getting more and more egoistical, undermining the whole idea of democracy (which was already undermined when going from its origins).

The political state

Utilitarianism has no place in government anymore. Most politicians are focused on the next elections, and hence they make their decisions based on that. Do all the necessary ugly things in the beginning of the term, get it over with quick, and then do the stuff that makes people’s emotions go positive – because let’s face it, most of the voters vote based on emotions. Not based on arguments, not even based on feelings, but short-lived emotions.

So, if it serves me as head of a state to ignore the judiciary in order to get people riled up in my favor, why shouldn’t I? Because it’s unethical? Because it breaks the moral code of democracy? Because “you just don’t do things like that!”?

The corrupted power

Let’s flip it. What if the judiciary system has become flawed? Nobody is unbiased, everyone has their stance, and what if the latter flows into decisions more and more? Then there is “normal” corruption, money, blackmailing, or whatever.

The judiciary is not to judge which policy is best. They’re not to rule according to a policy. They’re bound to rule the law. Nothing else. And if they leave the wiggle-room of the somewhat straight line of interpreting the law which considering circumstances, if they leave that space, is their ruling to be followed?

Where am I

I try to trust the judiciary system more than the executive, by miles. I live in a very corrupt state, and corruption on all the mentioned levels – bias and egoism are the softest. There is moral corruption spreading elsewhere, as values in a society are deteriorating. As I laid out before, laws are based on common values, but if the laws are made while sidelining the real values (not the wished for values, but those who are actually there, in people), they will not be followed. By neither power nor people.

Democracy, from fundamentals to society, depends on cooperation and finding compromise. But we're in the process of leaving all that behind. Cooperation is not to use the other to my own benefit, but to create win-win situations. Compromise is the same. The more humans give up their values and into their egoistical instincts, the less useful is democracy.

Is democracy still possible?