When you are a "democracy" you can do anything and everything is still nice and legal. The US and her allies wage an illegal war on Iraq but no will will ever hold Bush or America accountable. Israel waged an illegal war on Lebanon and there was no action on them. Yet, any country that isn't supposedly a democracy wages war on another country or test fires nuclear weapons like North Korea, there is immediate reprimand from the UN or worse, from the US.
I am actually fond of democratic vlaues (if they are ever properly adhered to) but I think democracy gives a country to wield too much power in very undemocratic ways.
Problem with democracy: It's subservient to demograhpics rather than reason. ----------------------------------------------------------------------- I think everyone should have limited powers. That's the greatestness of our founders thoughts...which people seem not to realize. Limit the people's power (unless they're a supermajority), limit business authority (unless it's reasonable), and limit outside authority (to nothing but what's accepted within)
Actually, America is not a democracy. It is a constitutional republic. Big difference. In a true "democracy", there could be five people on a desert island and three vote "yes" to eat the other two. That unwanted mob rule aspect of a true democracy is what a constitutional republic (consisting of representative government) is intended to avoid.
Sadly, that is exactly what happens when judges overstep their constitutional judicial functions and begin to legislate from the bench. You are exactly right on that.
I tend to think they don't have the appropriate check on them. Our only option is to pass constitutional amendments to overturn flawed positions!? That's not really a check. The courts can reject anything from Congress, and thankfully the do it right most of the time. The courts need some reasonable amount of 'checked' power on them. Now it's just not reasonable.