bigDog
Elder Lister
And then there's justice. Justice is when the right thing is done despite and inspite of the views of the majority.
A cannibalistic society may vote to allow eating young babies. But your neighbor attempting to eat your son because he came home after curfew hours and didn't get a chance to pass by the morgue for a kilo of human flesh is not right.
If you sued the murderous neighbor, would you like the judge to go by the majority that any child including yours is game, or would you like him to interpret the law that actually eating live babies is wrong and should stop?
There are some fundamental rights that every minority must have. I don't believe that the majority should oppress the minority. The minority must have their say. Bit they should never ever rule over the majority.
How do we decide? I believe the majority wins in any democratic argument. One man, one vote, one shilling. The majority may not make the best decision, but that's democracy. They don't have to be right. The importance is that they made their decision.
Constitutionality or otherwise of the court decision today depends on the political situation . The constitution is a governance framework covering political, economic, legal , technolocal and other aspects of our well being. The judiciary, being just one facet of the society is incorrectly assuming that the legalistic/procedural aspect of its nature overrides all the other needs of human life.
In future, we will have deterministic technology so that we have unchallengeable block chain backed contracts. I hope that we could have a time when we vote directly on the parliament floor. Lakini, that won't solve our problems.