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Law is downstream from politics and therefore in a very real sense subservient to it. To apply the law to political figures can never be done in a clean or unambiguous wayThis is untrue anywhere that has the rule of law. (One can run a system where the law is secondary to politics. But it doesn't have the benefits of rule of law.)
> To preserve the law for the common stock, we can't use law against political figures without debasing the currency of law
The entire history of the rule of law runs in the opposite direction. Prosecuting current and former politicians strengthens the rule of law. What it weakens, temporarily, is stability. You need strong institutions to take on and survive prosecuting a former politican, particularly a former head of state.
> If the will of the people can be overruled by the shrewd use of legal challenges then you have a juristocracy, not a democracy
You have a republic. Pure democracy doesn't work.
> legal system can and will be abused when it is used politically
Which is exactly what shielding politicians from prosecution causes.
The Roman Republic had this flaw. One of the perks of magistracy was immunity from prosecution. This not only encouraged corruption, it incentivised lawbreaking during office for politcal advantage and ultimately led to the downfall of the Republic when expiring politicians chose violence over losing immunity.
This is untrue anywhere that has the rule of law. (One can run a system where the law is secondary to politics. But it doesn't have the benefits of rule of law.)
> To preserve the law for the common stock, we can't use law against political figures without debasing the currency of law
The entire history of the rule of law runs in the opposite direction. Prosecuting current and former politicians strengthens the rule of law. What it weakens, temporarily, is stability. You need strong institutions to take on and survive prosecuting a former politican, particularly a former head of state.
> If the will of the people can be overruled by the shrewd use of legal challenges then you have a juristocracy, not a democracy
You have a republic. Pure democracy doesn't work.
> legal system can and will be abused when it is used politically
Which is exactly what shielding politicians from prosecution causes.
The Roman Republic had this flaw. One of the perks of magistracy was immunity from prosecution. This not only encouraged corruption, it incentivised lawbreaking during office for politcal advantage and ultimately led to the downfall of the Republic when expiring politicians chose violence over losing immunity.