Laws and constitutions ought to be weighed... to constitute that which is most conducing to the establishment of justice and liberty.
Sentiment: NEGATIVE
The very idea of the law in a constitutional republic involves the requisite that it be a rule, a guide, uniform, fixed and equal, for all, till changed by the same high political power which made it. This is what entitles it to its sovereign weight.
We do not need a heavy theoretical thumb on the scales. What's important is how the traditional sources of law and legal interpretation - text, structure, history, canons of interpretation, precedent, and other well-established tools of the judicial craft - are prioritized, weighted, and applied.
In our system of democracy, our government works on a system of checks and balances. Instead of stripping power from the courts, I believe we should follow the process prescribed in our Constitution - consideration of a Constitutional amendment.
There are checks and balances and broad separation of powers under the Constitution. Each organ of the State, i.e. the legislature, the executive and the judiciary, must have respect for the others and not encroach into each other's domain.
Liberty consists in the power of doing that which is permitted by the law.
Finally, is not liberty the restricting of the law only to its rational sphere of organizing the right of the individual to lawful self-defense; of punishing injustice?
But there is a higher law than the Constitution, which regulates our authority over the domain, and devotes it to the same noble purposes.
Our constitution should be inspired by the philosophy of the Koran with principles that are set in stone and not open to the whims of individual judges, as is the case now. In particular, the constitution should protect every citizen's basic human rights regardless of their sex, status or sect. Everyone should be equal before the law.
Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it.
The constitution is either a superior paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, alterable when the legislature shall please to alter it. It is emphatically the province and duty of the judicial department to say what the law is. This is the very essence of judicial duty.