Tuesday, July 19, 2005

Unsound Judgment

Via NDTV, SC bans use of loudspeakers after 10 in night.

While the outcome is clearly welcome, the use of the court to achieve this is dubious. Where does India's constitution bar freedom of expression beyond 10 PM? Since it does not, the court has no authority to make this ruling out of thin air -- which is what it has done here.

Make no mistake. This is an erosion of democracy since our judiciary is not elected by the people. Some day we'll all pay for granting our judiciary such unchecked and, in our humble view, unconstitutional authority. As we've observed before, Courts Shouldn't Legislate.

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