Republic and democracy
by Manoj on Apr 08, 2007 07:14 PM
I think many people do not understand as to what a democratic republic really is. It's not just rule of the majority. If that's the case it would just be a mobocracy.
In a republic there are certain inalienable God given rights that are guaranteed protection. Nobody can infringe on these ever. Thus every new law is subject to the test as to whether it goes against the fundamental rights of the individual or not. Hence it is the right of the judiciary that every law is subject to judicial review and no law or amendment to the Constitution can be brought in that violates the fundamental principles enshrined and guaranteed by the Constitution itself. Nobody can overturn fundamental priciples of justice, not even by majority opinion.