The Governance Imperative: Rethinking "fair but not right"
While it is true that Civil Rights and discrimination are still a sore subject for some, I believe that it is a good example illustrating the the conflict that can occur when society starts to contemplate whether a law is no longer considered to be fair and/or right. The assumption is that if the legislative branch passed it, they considered it the right thing to do. When the courts uphold it, they are saying that it is fair application of power according to the Constitution. The variable in all this is that societies view change over time. If a law is considered to be no longer the right thing to do, it is the task of the legislative branch to repeal or amend it. If a law, or the application of it, is considered unfair, it is the task of the judicial branch to declare it as such.
Thursday, February 15, 2007
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment