Machiavelli
Well-known member
Just focusing on your legal point (rather than the thread topic directly) how does that differ from the UK or EU ? Don’t judges interpret law over here as well ? I appreciate over there they are referencing a written constitution but it could be argued the lack of one is even more open to abuse. I don’t know the answer by the way.
My point, I think, is more definitional than legal. Go back to the Founding Fathers and they hated democracy, and thought they were inventing a novel regime, which they called representation -- which would rival and eclipse the standard trident of politics: monarchy, aristocracy or democracy. Since then and the French revolution, we've come to view representation and democracy in combination, rather than as separate entities. Representative democracy, and all its features (election, separation of powers, etc) would have been anathema to premodern forms of democracy which were direct and participatory.
I don't really view the Roe vs Wade decision as an interpretation of the law either. It's the implementation of an entirely different policy framework.
In terms of un/written constitutions, agree, it's tricky, for the very reason that written ones can become outdated and unwieldy, and resistant to change when it's required. Despite that, on balance, I'm persuaded that one over here would be a welcome development.