Comments on: Originalism and the Virtues of Democracy http://www.demablogue.com/law/originalism-and-the-virtues-of-democracy/ Tue, 03 Jan 2012 16:43:00 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Weak Courts, Strong Rights | Demablogue http://www.demablogue.com/law/originalism-and-the-virtues-of-democracy/comment-page-1/#comment-2035 Weak Courts, Strong Rights | Demablogue Thu, 20 May 2010 23:51:50 +0000 http://www.demablogue.com/?p=885#comment-2035 [...] for stricter methods of constitutional interpretation on this blog quite often (see, e.g., here, here, here, and [...] [...] for stricter methods of constitutional interpretation on this blog quite often (see, e.g., here, here, here, and [...]

]]> By: Rix http://www.demablogue.com/law/originalism-and-the-virtues-of-democracy/comment-page-1/#comment-1958 Rix Fri, 11 Dec 2009 15:32:37 +0000 http://www.demablogue.com/?p=885#comment-1958 I couldn't agree more. Judicial activism - no matter how intelligent, compassionate or well intended - is a bane of democratic process. It is utterly inconcievable that a judicial robe would bestow a hired-for-life political appointee a right to supercede or substitute the legislature. It can also be argued that "progressiveness", like beuaty, is in the eye of beholder; advanced sex ed in elementary schools, for example, may be perceived as progressive by some but carcinously dangerous to the society by others. Israeli Supreme Court under Aharon Barak and Dorit Beinish, when judges were striking down laws passed by the legislature and voiding wartime military orders because they perceive them as "immoral", would be a perfect example of judicial activism carried to the extreme. I couldn’t agree more. Judicial activism – no matter how intelligent, compassionate or well intended – is a bane of democratic process. It is utterly inconcievable that a judicial robe would bestow a hired-for-life political appointee a right to supercede or substitute the legislature. It can also be argued that “progressiveness”, like beuaty, is in the eye of beholder; advanced sex ed in elementary schools, for example, may be perceived as progressive by some but carcinously dangerous to the society by others.

Israeli Supreme Court under Aharon Barak and Dorit Beinish, when judges were striking down laws passed by the legislature and voiding wartime military orders because they perceive them as “immoral”, would be a perfect example of judicial activism carried to the extreme.

]]>