Why do supporters of legal constitutionalism believe courts can protect individual rights?
Supporters of legal constitutionalism believe that courts are uniquely positioned to protect individual rights because they are insulated from the pressures of majoritarian politics, such as popular sentiment, electoral concerns, or the tendency of governments to overreact to emergencies by sacrificing civil liberties.12
By operating under the constraints of constitutional law, courts are expected to act with greater impartiality than legislative or executive branches. This independence allows them to serve as a check against arbitrary government actions, ensuring that the state does not sacrifice the rights of individuals or minorities to administrative convenience or populist prejudice.1342
Furthermore, because courts are often the only political institution accessible to those with less power, they are frequently viewed as the guardians of minority rights within a democracy. By transforming political questions into justiciable legal disputes, courts can enforce established constitutional rules, compelling governments to adhere to their self-professed standards of showing equal concern and respect for all citizens.21