ABSTRACT
Both the Warren Court in the United States and the Mason Court in Australia declared many important legislative statutes unconstitutional. Whenever judges do this, they frustrate and antagonize a majority, including legislators and citizens who worked long and hard to pass those statutes, or who planned their lives around those statutes. Such judicial decisions are particularly problematic when they depend on moral beliefs of the judges, since then they raise a difficult question: why should the statute's constitutionality be determined by the moral beliefs of such a small number of judges rather than by the moral beliefs of the much larger number of legislators and citizens?
