5th March 2010, 1:58 AM
Yeah, and that is why the judiciary is the best place to decide rights... sometimes the legislative branch does have to do it, but really, yes, you're right -- it should be something that is guaranteed, ideally.
Of course, though, in reality, it is a quite valid part of the legislature's business because the decisions of what should and should not be covered are not exactly easy. You can say "this should obviously be included as a human right" or something, but the specifics of how that should be legislated are really complicated, even if the people involved DO agree that something should be protected...
And also, what should and should not be included? Should things like having a job, going to college, etc. be included in the list? In Europe for example college is generally free... but on the other hand, they have many tests over the years that shunt lower-scoring people into educational paths that do not include college, so despite the costs, America actually has the best higher education system in the world. We don't make it free or a "protected human right", but we believe in equal opportunity to a greater degree than most European countries.
Of course, in health care that same analysis breaks down and fails, while America's basic philosophy isn't too different, which is the problem there... but I'm just saying, there ARE plusses and minuses to each system.
For gay rights it's not too complex in the long run, sure, but the general issue of what should and should not be a right is very, very complicated.
Of course, though, in reality, it is a quite valid part of the legislature's business because the decisions of what should and should not be covered are not exactly easy. You can say "this should obviously be included as a human right" or something, but the specifics of how that should be legislated are really complicated, even if the people involved DO agree that something should be protected...
And also, what should and should not be included? Should things like having a job, going to college, etc. be included in the list? In Europe for example college is generally free... but on the other hand, they have many tests over the years that shunt lower-scoring people into educational paths that do not include college, so despite the costs, America actually has the best higher education system in the world. We don't make it free or a "protected human right", but we believe in equal opportunity to a greater degree than most European countries.
Of course, in health care that same analysis breaks down and fails, while America's basic philosophy isn't too different, which is the problem there... but I'm just saying, there ARE plusses and minuses to each system.
For gay rights it's not too complex in the long run, sure, but the general issue of what should and should not be a right is very, very complicated.
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