Indeed, traditional democratic theory sides with Gavison: It holds that major issues are supposed to be decided by the people, via their elected representatives, rather than by an unelected court. By usurping the legislature's role in making such decisions, the court has made normal democratic politics - which centers on trying to elect people who share your views - largely irrelevant. It has thereby gutted our political culture, increased alienation and undermined belief in the value of democracy. And ultimately, it is liable to undermine the court itself - because the court, like any other dictator, will increasingly become the focus of popular resentment.
Thursday, November 17, 2005
Another excellent article from Evelyn Gordon in The Jerusalem Post. An excerpt (the emphasis is mine):