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Protecting Human Rights
Democracy require protection of certain fundamental rights, but can we expect courts to follow rules? There seems little escape from the proposition that substantive constitutional review by an unelected judiciary is a presumptive abridgement of democratic decision-making. Once we have accepted the proposition that there exist human rights that ought to be protected, this should hardly surprise us. No one thinks courts are perfect translators of the rules invoked before them on every occasion.doi:10.1093/acprof:oso/9780199264063.003.0006 fatcat:d5zy3r2mlrcehb77c5a4te7f4i