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Political philosophy Bernd 10/28/2026 (Wed) 03:33 [Preview] No. 55636
The past years of witnessing an... "active" Supreme Court have gotten me pondering a lot about constitutions, powers and interpretation.

First question is: can a constitutional court be wrong about the Constitution? Does it have an absolute final say on the meaning of its words?
The obvious common sense answers are no and yes. Only the court's opinion has authority. A layman's opinion is just his opinion, and even a learned scholar's opinion is just an opinion. Even the lowliest judge has more authority than the highest scholar, and the only limit on his interpretation is an overruling by a higher authority (an appelate court). The Supreme Court has no higher authority.
This is obviously necessary because laymen and especially civil servants need legal stability and predictability. There are thousands of civil servants and they must all apply the law equally. If each of them has his own take on what is legal and what is not, the State collapses into anarchy. Hence they must all follow a single entity's interpretation. And there's also a citizen's gneeral duty to obey authority and channel his disagreement into legal methods to question and overturn authority.

But what if the Court says something outrageous? What if it rules the Earth is flat according to the Constitution? What if it revises the law on impeachment of Supreme Court justices to make them harder to impeach? (This one actually happened.)
Cheapest answer is that they wouldn't do it because the text's inherent meaning constrains their rulings. But this is just a speedbump. Philosophers demonstrate there's no such thing as an "un-interpreted" meaning of a text. With enough sophistry, any text can be made to mean anything. And the legal profession selects for the most devious sophists.

One can reply that only a limited set of interpretations can be reasonable, interpretation is never completely free. This is true. But who gets to say what is and is not reasonable? Only the Court has authority. If everyone finds their rulings unreasonable, that's just everyone's opinion.
A practical answer is that the Legislative and Executive will use their legal methods to restrain, impeach or change the composition of the Court. All of this still presumes that their flat-eartherist interpretation of the Constitution is right until overturned; their authority is still sacred.
And if it is sacred, what are you supposed to do if all such reactive measures by Congress or the President are ruled unconstitucional? What if the President names a new justice and the sitting justices nullify the appointment because the Constitution says justices must be qualified and they find him unqualified? What if Congress impeaches a justice and the Court strikes down the impeachment because the Constitution dictates a neverending march to utopia and Congress was merely disagreeing with the justice's utopian ideals?

Now those are silly made up examples, but if the Court's word is unquestionable, there's nothing you can do. The Constitution is whatever the Court says it is. And since everything from the tiniest private contract or local ordinance derives its legitimacy from the constitution, the Court has the unlimited power to bestow and withdraw legitimacy as it sees fit.
This is obviously false if you understand separation of powers and checks and balances. The courts ought to have their power checked by the Executive, Legislative and the original Constituent Power, which is above all three.
But what does it mean to check a power's decision? It is overriding it because it's illegal i.e. it is found to be incompatible when compared to the law. Those are two objects for comparison. The latter (the law) is not an independent standard but it is whatever the courts say it is. If the courts determine the two objects of comparison, they determine the result and there is no way to check them. What does it even mean to say the courts derive their power from the Constitution when they define what the Constitution is?


Bernd 10/28/2026 (Wed) 03:35 [Preview] No.55637 del
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After all this back-and-forth, nobody disputes the ultimate practical limit to judicial overreach is noncompliance by the other powers, the civil service and even the population. It is sometimes legitimate to refuse to comply to the courts, as is the case for any other part of the State.
But there are different ways to model this in legal theory. The conventional answer would have it that the noncomplied ruling was legal until the very moment the court rolls back its decision. Legality comes from authority, any other interpretation of a law is just an opinion.
Lawyers have their reasons for believing this but there's a radically different proposal if you think of laws in their political context.

Here's a thesis: the point of laws is to call out authorities for not following them. Lawyers will say power comes from laws, but experience shows power has an independent existence and laws as civil law societies understand them didn't really exist in the Ancién Régime. French revolutionaries were the ones who came up with the idea of forcing judges to abide by a single, coherent code, applied equally to all citizens. Judges always had authority. What the law does is force them to justify their rulings to society by demonstrating they comply with a previous written commitment by the State. And if the audience is society, then it is society that interprets what the law means and whether the State is abiding to it. The law is a citizen's shield against the State.
Which answers my first questions: yes, a constitutional court can be wrong about the constitution.


Bernd 10/28/2026 (Wed) 10:14 [Preview] No.55639 del
All right. This is an interesting topic, but you wrote a lot to mull over and reply to.

So just for the very start.
>can a constitutional court be wrong about the Constitution?
>Does it have an absolute final say on the meaning of its words
>The obvious common sense answers are no and yes.
So "no" is reply to the first question, and "yes" is the reply to the second?
I think a constitutional court can be wrong about the constitution however this doesn't mean anything, their decisions will be followed.
A constitutional court consists several members, an issue gets in front of them and they have to decide if it is constitutional or not. Each member will have their own opinion, they can disagree, they could disagree in their reasoning or their formed opinion, or both then they have to form an opinion together what they can give it to the public together as an institution.

This is a sidetrack, but:
>citizen's gneeral duty to obey authority
I don't think this is true.
>channel his disagreement into legal methods to question and overturn authority
But this is the generally accepted way of doing and achieving stuff, yes.


Bernd 10/28/2026 (Wed) 10:30 [Preview] No.55640 del
>>55636
And another, for now I won't reflect on more.

>But what if the Court says something outrageous? What if it rules the Earth is flat according to the Constitution? What if it revises the law on impeachment of Supreme Court justices to make them harder to impeach? (This one actually happened.)
I don't know which counties' proceedings you follow, but these examples shouldn't be part of the job of constitutional courts.
A CC should read and study the constitution of its country. The constitution is created by the legislation, not by the CC. Perhaps the CC should be allowed to have opinion what should be in the constitution, perhaps even suggestions, but they aren't there to create or amend the constitution. They are there to decide if laws, bills, decrees, etc that the government and the legislation passes later on are adhere to the constitution or unconstitutional. So let's say the parliament drafts a new law. Then the CC examines the law to check if it follows the constitution. If it violates it, then they pass it back to the legislation so they can re-negotiate and re-draft it.
So the CC can't rule that the Earth is flat according to the Constitution. Firstly to anyone say that "according to Constitution" that thing has to be in the constitution. So first the members of the parliament has to create a constitution that contains that "the earth is flat". Now they either draft it into a new constitution, or amend it. Either way the CC has no say in that. However after that, when the constitution contains that the Earth is flat, and then someone tried passed a law saying "we will drill a straight whole through the Earth from one side of the other" then the CC could say it's unconstitutional because the C says the earth is flat.
All right I know that it was just a silly example, but let's check the second:
>What if it revises the law on impeachment of Supreme Court justices to make them harder to impeach?
They can't. The CC is not a legislative body, they don't have the authority to create laws or amend the constitution. If they do then the separation of power is violated in that country.
Reminder, branches of power:
- legislation
- execution
- adjudication.

All right, that's it for now.


Bernd 10/28/2026 (Wed) 10:49 [Preview] No.55641 del
All right one more.
>courts derive their power from the Constitution when they define what the Constitution is?
>they define what the Constitution is?
They do not.
That is all.



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