
Checks and balances are still functioning in the U.S., but we still have to keep a close watch. The civilizing foundations are nonnegotiable.
The American president clearly doesn’t think much of the international order or of judges who hold him back — though that doesn’t mean the rule of law is over in the U.S. The Supreme Court has just ruled in favor of Donald Trump by a slim majority: The judicial order to stop the swift deportation to Venezuela of alleged foreign enemies has no grounds.
At the same time, the Supreme Court highlights the affected persons’ rights to have the measures being taken against them examined in court. The principle of checks and balances, which has been tested in heated battles over centuries, is working — and it is crucial that it continues to do so.
More Politicized Than in Europe
Law, and particularly the selection and power of individual judges in the U.S., has traditionally been much more politicized than in Europe. The system is culturally different, which is apparent right now in dealing with those declared to be “enemies” and in draconian punishments.
However difficult it is, even during Trump’s regency, we have to look closely — and keep looking, especially when it concerns the foundations of the international order. It is a question of civilization: territorial integrity, self-determination and the sovereign equality of all states are nonnegotiable, as are basic human rights.
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