Who Should Have the Final Say on Human Rights: Elected Officials or Constitutional Courts?

Stance

Against giving elected officials the final say — constitutional courts must have supremacy, because majoritarian institutions cannot be trusted to always respect rights. Counters are steelmanned to show awareness of democratic legitimacy.

Definitions (stance-aware)

• Final say: The ultimate authority to interpret and enforce human rights norms when conflict arises — not just advisory power.
• Elected officials: Legislators or executives deriving authority from democratic mandate; legitimacy rests on popular sovereignty.
• Constitutional courts: Judicial bodies empowered to strike down laws or acts that violate entrenched human rights; legitimacy rests on rule of law, impartiality, and constitutional supremacy.
• Human rights: Norms protecting fundamental dignity, liberty, and equality, deliberately resistant to simple majoritarian override.

Assumptions under challenge