Courts are not designed to govern. That is the
government's job, involving budget allocations and tough
choices, sometimes between life and death.
The distribution of powers between the legislature, the
executive and the judiciary create a carefully crafted balance,
designed to deliver on the vision of the Constitution. If the
balance is disturbed, the system will fail. For the system to
work each of arms of government must stay in its constitutionally
drawn lane. However, for the system to produce the results it was
designed for, the branches of government must remain engaged with
each other in a manner which recognises each other's
strengths and weaknesses.
The relationship between the branches can be contentious. What
may be regarded as politically popular could offend
constitutionally protected rights. The death penalty is an example.
Fed up with violent crime, most citizens may well be in favour of
capital punishment. Despite that, the death penalty will
