Government is about making and implementing public policy choices. These are neither always easy nor always right. Governments, like individuals, do make mistakes. But in democracies, the task of making decisions on behalf of the people is delegated to elected representatives who then answer to the courts on constitutionality and to the people on the consequences of their choices.
At the same time, every society, including international society, always has some members whose intellectual conceit and moral arrogance lead them to want to substitute their judgment for the outcome of the democratic process.
David Forsythe of the University of Nebraska uses the phrase "judicial romanticism" for the idea of always looking to courts for a solution to every problem. In the commitment to justice at any price, the romanticists discount political and diplomatic alternatives. In the United States, President Richard Nixon would have been prosecuted for Watergate.
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