High Shifting by Votes !

 

To protect democracy one need not to always practice it !

What if, The General start taking opinion polls from soldiers before going to war?

Armies and the constitutional courts have great similarity. First one protects us from outside and the other one from within.

If convictions or acquittals are decided by popular votes, then certainly it is not a court of law. It is the court of opinion, hitherto an unknown idea in any framework for adjudicatory process.

Judicial process must be founded on valid legal sources. They are the raw material for any adjudication.  

Prof Hart. Linked the validity of these legal sources with the rule of recognition. He asserted “that acts of Parliament and judicial decisions, have the force of law because judges, officials and private citizens recognize that primary rules are to be identified by reference to certain criteria, one of which is that enactment by the legislature makes law, and another of which would state that certain parts of certain judicial pronouncements bind other courts in court hierarchy.” (Ref. The Concept of Law by Prof. H.L.A. Hart)

The traditional framework within which judges operate, public opinions have been the basis of law, however it is yet to become the basis for the court of law.

The Frightened Lawyer