tag:blogger.com,1999:blog-5990055.post9105814921576803095..comments2024-01-26T01:52:53.198-05:00Comments on PolySigh: Charles Whittaker Watch UpdatePhilip Klinknerhttp://www.blogger.com/profile/15559722693896372701noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-5990055.post-56680931759416823402008-02-24T23:16:00.000-05:002008-02-24T23:16:00.000-05:00The Democracy Deficit in Europe is so well known a...The Democracy Deficit in Europe is so well known as to be cliche. it was this to which Scalia is referring. <BR/><BR/>Also, the idea that the cruel and unusual punishment applies to penalties for crimes and not conditions while held is an old one and probably correct, if abandoned like so much else by the Supreme Court.<BR/><BR/>Why interpreting the document as its author's did is "wacky" still eludes me.jjvhttps://www.blogger.com/profile/04223110296462634454noreply@blogger.comtag:blogger.com,1999:blog-5990055.post-68331040728990732712008-02-12T18:10:00.000-05:002008-02-12T18:10:00.000-05:00Nonetheless Scalia's point that the death penalty ...Nonetheless Scalia's point that the death penalty has been abolished in European countries where public preferences (as measured by public opinion polls) would have preferred it to remain in place is valid. For example, the new members of the EU essentially were given the choice of abolishing the death penalty (among the other laundry list requirements for membership) or not being allowed to join. They sensibly chose the former, but let's not pretend that's some triumph of representative democracy--it's basically moral logrolling (existing EU members get to impose their values on new members).<BR/><BR/>And European democracies do tend to be more elite-dominated in terms of their policy outputs than the U.S. (hence the "really worked" part of the statement).Chris Lawrencehttps://www.blogger.com/profile/09883587751218471785noreply@blogger.com