The will of the people expressed in free elections and the rule of law upheld by independent courts are two of the pillars of a liberal democracy, or so we were taught at school. Yet these two core principles keep colliding in increasingly polarised societies from Washington to London, Paris to Berlin and Warsaw to Jerusalem, with populist politicians demanding that “the will of the people” override the constitution, treaties or the separation of powers.
It is vital for the long-term health of democracy that the judges prevail. If politicians are able to break or bend fundamental legal principles to suit the mood of the moment, the future of freedom and human rights is in danger.
