Criticism and opinion
The Magisterial Power
It proposes advice from experts to guide public decisions and participate in judicial processes.
Author: Paynalton
Published: 2018
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One of the great problems in democratic societies is that they base their decisions on popular knowledge.
Popularizing knowledge is a slow process, and if not careful, incorrect ideas can be popularized, which can lead society to make decisions that are harmful to them. This is a latent problem in every democracy and will eventually cause problems.
Therefore, it is necessary to have a Power capable of elevating the voice of experts above the population, without allowing this Power to impose itself over the others.
In the current Federation, the closest thing is the Judicial Power, however this body specializes in analyzing laws and comparing them with the constitution to give coherence to the laws.
What is needed is a Magisterial Power.
The idea is to create an organ composed of magisterial councils from different disciplines of human knowledge, with the Legislative Power being responsible for determining which are these disciplines.
Each council should consist of between four and twelve magistrates, who should be elected according to meritocratic strategies, thus ensuring that the magistrates will always be experts in their field.
These councils will have the capacity to issue recommendations to the rest of the powers regarding topics they consider relevant, as well as to determine lists of basic knowledge that the population should possess to serve as a reference for educational systems.
However, the most important function will be the capacity to intervene in judicial processes in which it is considered that the lack of knowledge of the involved parties could result in an unjust verdict.
They may also express their public opinion on the topics that fall under the jurisdiction of each council.
For example, if a plan is made to approve the prohibition or approval of a substance in the food industry, a council may declare itself in favor or against, clearly explaining its reasons.
Obviously, the pressure from the industry to corrupt a council will be very high, therefore the magistrates must be closely monitored. If a council has been corrupted, civil associations will always be able to call for votes to appoint a new council. Additionally, no actions of the council can be carried out without the unanimous approval of the magistrates.
There will be cases in which a topic corresponds to more than one council at the same time. In the case of recommendations, each council may issue its own opinion individually. In the case of trials, the unanimity of all involved councils will be required.
Also, there must be mechanisms that limit the time of intervention of a council in a judicial matter regardless of the number of councils involved.