Should unelected judges be given the right to overturn laws in a democracy?

Question

Anything would help.. thanks!

A YES OR NO QUESTION.. IM STILL NOT SURE WHAT TO WRIGHT DOWN HELP!!!!

Answer 1

Judges were given the right to overturn laws by the United States Constitution, which was ratified by the states, so the people have essentially agreed to give judges the right. They could theoretically agree later to remove that right.

Answer 2

Yes. Judicial check and balances are a cornerstone of our democracy. A fair and just society is about more than just protecting and enforcing the will of the majority. It is about insuring that the rights of minorities in that society are recognized as well. For instance, if our country is founded on the principle that all people are created equal and the majority passes a law that enslaves the minority or otherwise deprives them of their rights, who is to protect that minority from "mob rule?"

That's the function of the judicial system. It serves as a review to insure that our rights are protected. Judicial review insures that our democracy is what it claims to be - a vehicle for individual liberty.

Answer 3

Only to the extent that they violate the constitution (state or federal).

The problems occur when judges create "inferred" meanings in the constitution in order to strike down laws they don't agree with. That is the creative judiciary, making up rights and protections that they believe "should" be in the constitution but aren't expressly stated therein.

Answer 4

They can't. They can overturn verdicts and challenge laws as to their constitutionality but that is as far as it goes.

Answer 5

Actually, no, we should be able to elect them but that certainly wouldnt fit in with FISA and the "secret court" now, would it?