2006-07-21 02:57:10 · 4 answers · asked by Estikolo 1 in Politics & Government ➔ Law Enforcement & Police
Changes in society.
2006-07-21 03:04:34 · answer #1 · answered by Anonymous · 0⤊ 1⤋
In a democracy law is challenged by the will of the most current majority. The majority can make the law to be whatever they want. Tomorrow they can change what they did today. Law has no consistency, of foundation.
The Founders of the United States believed that democracies always evolve into dictatorships. This belief had a lot to do with the Founder’s creation of a written Constitutional Republic within it creating a general government comprised of three branches for checks and balances. They were afraid of an all powerful general government and knew that a democracy would lead to such a government.
2006-07-21 14:41:42 · answer #2 · answered by Randy 7 · 0⤊ 0⤋
At its core, democracy is a might-makes-right majority rule system. If there are more people who think one way, they get to impose their beliefs on the minority of people who believe differently.
The problem is that the rule of law is supposed to be neutral when it comes to personal bias. The structure of any democracy's laws is found in its constitution, which should be binding on all later laws.
However, when a majority (even if its just 51%) disagree with the goals or restrictions of the constitution, they find ways around it. It's then up to the courts to ensure that laws passed reflect the core ideals found in the constitution, not just the current fad.
Unfortunately, when the majority doesn't like the results of adhering to the constitution, they devalue the court by calling them "activist judges". And when the majority doesn't like laws that are neutral and fair, they change to law to reflect their personal biases.
The challenge of a functioning legal system faced with democratic mod-rule is for people to recognize that it's never appropriate to enshrine their bigotry by giving it the force of law.
People need to understand that freedom of choice must remain a constant, even if the majority happens to disagree with the choices made by the minority.
2006-07-21 04:07:01 · answer #3 · answered by coragryph 7 · 0⤊ 0⤋
"Democracy is two wolves and a lamb voting on what to have for lunch."
2006-07-21 17:44:02 · answer #4 · answered by rhett_madison 3 · 0⤊ 0⤋