Should decisions about basic human rights be made by democratically elected legislators or by judges interpreting a Bill of Rights?

Stance

Judges interpreting a Bill of Rights should have the final word, though legislatures remain vital participants.

Definitions

• Basic human rights: Non-derogable or foundational rights (fair trial, free speech, freedom from torture, equality). Rights that underpin democratic legitimacy itself.
• Democratically elected legislators: Bodies with electoral legitimacy to represent majority will (e.g. UK Parliament, US Congress).
• Judges interpreting a Bill of Rights: A formal constitutional document (or entrenched section) that enumerates and protects fundamental rights against government interference, empowering courts to review and, where necessary, strike down legislation that violates those rights.
• Interpretation: Not mechanical application, but reasoned elaboration of rights in specific contexts.

Assumptions Under Challenge