I agree with the statement about the unreliability of judicial protections by judge-made law. Sure, it can abused, and the system loses legitimacy. Judge-made law, regarding consitutional rights or otherwise, however, has been part of our system since almost the beginning. Conservatives sometimes forget that it doesn't all go one way. Bush v. Gore.
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momijizukamori
no subject
Date: 2008-11-06 02:16 am (UTC)