{"id":3279,"date":"2026-04-30T08:55:00","date_gmt":"2026-04-30T05:55:00","guid":{"rendered":"https:\/\/en.tomanifesto.gr\/?p=3279"},"modified":"2026-04-30T08:55:00","modified_gmt":"2026-04-30T05:55:00","slug":"indiscrimination-in-the-separation-of-powers","status":"publish","type":"post","link":"https:\/\/en.tomanifesto.gr\/?p=3279","title":{"rendered":"&#8220;Indiscrimination&#8221; in the separation of powers"},"content":{"rendered":"<p>The role of the judge is to enforce the <b>law<\/b>, not to defuse&#8230; social &#8220;noise&#8221;. <\/p>\n<p>When we hear that the <b>Supreme Judicial Council<\/b> is &#8220;absolutely obliged&#8221; to renew the terms of office of Greek prosecutors serving in the <b>European Public Prosecutor&#8217;s Office<\/b> because of&#8230; noise, then a&#8230; parallel system of administering justice is created.<\/p>\n<p>It doesn&#8217;t take a constitutional scholar to understand that <b>the decisions of the Justice do not depend on the headlines and the mood of public opinion<\/b>. The public sense of justice is manipulative and vindictive and if the judiciary blindly follows it, it <b>turns into a popular court<\/b>, which leads to the suppression of the rights of the accused. <\/p>\n<p>The judge does not legislate, and when he &#8220;fixes&#8221; the law as he sees fit, he is effectively <b>abusing the role of Parliament<\/b>, which is the only one democratically legitimized to express the will of society through laws. This is a violation of the separation of powers. <\/p>\n<p>The judge uses &#8220;public sentiment&#8221; not as a source of law, but as an interpretive tool only where the law is unclear (e.g. in concepts such as &#8220;morality&#8221;). <\/p>\n<p><b>His job is to become a &#8220;buffer&#8221; to the impulses of the masses, applying the rule of law even when it is unpopular and not convenient to the &#8220;train&#8221; of&#8230; the rule of law.<\/b><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The role of the judge is to apply the law and not to defuse the&#8230; social &#8220;noise&#8221;. When you hear that the Supreme Judicial Council is &#8230;<\/p>\n","protected":false},"author":1,"featured_media":3280,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[6],"tags":[],"class_list":["post-3279","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-blog"],"acf":[],"_links":{"self":[{"href":"https:\/\/en.tomanifesto.gr\/index.php?rest_route=\/wp\/v2\/posts\/3279","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/en.tomanifesto.gr\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/en.tomanifesto.gr\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/en.tomanifesto.gr\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/en.tomanifesto.gr\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3279"}],"version-history":[{"count":0,"href":"https:\/\/en.tomanifesto.gr\/index.php?rest_route=\/wp\/v2\/posts\/3279\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/en.tomanifesto.gr\/index.php?rest_route=\/wp\/v2\/media\/3280"}],"wp:attachment":[{"href":"https:\/\/en.tomanifesto.gr\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3279"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/en.tomanifesto.gr\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3279"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/en.tomanifesto.gr\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3279"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}