I have spent my entire academic career warning against the dangers of rule by unelected judges and their colleagues in the lawyerly caste. What you get is juristocracy, the sort of decision-making that flows from the adoption of a bill of rights or that comes in the wake of top judges ‘discovering’ (read ‘making up’) some sort of ‘implied freedom’ in the supposed interstitial membranes of a written constitution that was deliberately and unequivocally aiming to leave such decisions with the elected parliament.
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