Thursday 5 July 2012

The unelected minority deciding for the elected majority

Should a country’s elected legislature decide who can enter a country or reside in that country or an unelected group of priest-like judges who alone can divine right and wrong?
If you accept the concept of nationality then you must accept it has privileges, one of the most fundamental being the right to live in the state whose nationality you hold. By that measure you have no right to live in a state where you don’t hold nationality and your residence must be subject to whether it is in the interests of the citizens of that state (Utilitarian).
We have allowed treaties to empower unelected foreign judges to override national legislatures in this area and need to think about what we understand the roles of national legislatures and foreign judiciaries should be in a democracy.

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