並列摘要
As an intergral part of government, judicial branch is immpossible to be taken out of politics. As judicial decision have shaped the contours of public policy concerninga variety of issues, commentators have argued about whether judges have exceeded their proper authority under theconstitution. The primsty argument against the judicial branch to intervene public policy is that it is in an undemocratic manner. As designed in the constitution, the democracy creats mechanism for the peple to determine public policy by electing leaders and holding them accountable for their action. But the elected branches of government are structured to respond to well-organized and affluent groups. In order to protect the rights and interests of weak political minorities and unorgailized or poor groups. In making judicial decisions, judges will inevitably shapepublic policy because they will be telling elected offcials what those officials must or cannot do. Thus, the contitutional democracy can be defined as citizens control over public policy plus the protection of individual's right.
延伸閱讀
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