Nation of Beancounters

On judicial restraint

Posted in Quotable by Navin Kumar on April 20, 2012

 “restraint needs a limiting principle”. But the “limiting principle” is always ultimately little more than widespread agreement about the legitimate scope of democratic choice. The uncomfortable, unavoidable truth is that constitutional limits on the breadth of formal democratic discretion can have no effective authority, no teeth, unless those limits reflect an informal democratic consensus. And that consensus is generally a messy, unstable compromise between incompatible comprehensive philosophies.

Will Wilkinson


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