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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region Forums"Constitutional government" *is* "judicial activism".
The whole point of constitutional government is that (unlected) judges can overrule (elected) politicians when those politicians pass laws that the judges thing contradict the (voted on) constitution.
Now, arguably that's a bad thing - I am far from convinced that the American system, with some laws that can only be changed by referendum, it better than the one we have here in the UK, where the government can pass whatever laws it chooses. But I'm also far from convinced that it's worse.
People who complain about judges overruling the will of the electorate, on the other hand, are in effect asserting that they *are* convinced it is worse, and they want to live in a representative rather than a constitutional democracy.
There's nothing wrong with that, but very, very few of them are actually willing to admit it.
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"Constitutional government" *is* "judicial activism". (Original Post)
Donald Ian Rankin
May 2014
OP
No way. In the Bill of Rights, the constitution defines powers that the government does not have.
badtoworse
May 2014
#1
Human rights here in the UK are doing just fine without a written constitution. N.T.
Donald Ian Rankin
May 2014
#2
If your government deserves the faith you have in it, that's great. Ours clearly does not.
badtoworse
May 2014
#3
badtoworse
(5,957 posts)1. No way. In the Bill of Rights, the constitution defines powers that the government does not have.
Would you seriously consider giving those protections away? I sure as hell wouldn't.
Donald Ian Rankin
(13,598 posts)2. Human rights here in the UK are doing just fine without a written constitution. N.T.
badtoworse
(5,957 posts)3. If your government deserves the faith you have in it, that's great. Ours clearly does not.
Rex
(65,616 posts)4. You've had a contitutional monarchy in place since 1688.
Seems to be working great.