Democracy?

The story below suggests that a wicked law (and I use the word fully intending its extended meaning) ought to be maintained because it was passed democratically.

As a factual matter I'm not fully convinced the law was passed by both Houses and signed into law but let's assume it was.

It is still a wicked law.

Sometimes democracies pass laws that interfere with basic human rights. That's why democracies need constitutions that protect a few rights that ought to be beyond the reach of legislatures.

Now often Courts enforcing these "few rights" extend their reach too far. But that doesn't mean the "few rights" should ignored.

Remember, Robert Mugabe was elected President.

Afghan cleric defends contentious marriage law

RAHIM FAIEZ AND HEIDI VOGT

KABUL — A key backer of an Afghan law that critics say legalizes marital rape and rolls back women's rights rejected an international outcry as foreign meddling on Saturday and insisted the legislation offers women many protections. The law, passed last month, says a husband can demand sex with his wife every four days unless she is ill or would be harmed by intercourse, and regulates when and for what reasons a wife may leave her home alone. ... .

Following an international uproar, in which President Barack Obama called the law "abhorrent," Afghan President Hamid Karzai put it under review. The move puts enforcement on hold. Mohammad Asif Mohseni, a top Afghan cleric who was one of the law's main drafters, said the legislation cannot be revoked or changed because it was enacted through a legislative process — passed by both houses of parliament and signed by Mr. Karzai.

He condemned the outcry, saying Western countries were trying to thwart democracy when results did not please them. "The Westerners claim that they have brought democracy to Afghanistan. What does democracy mean? It means government by the people for the people. They should let the people use these democratic rights," Mr. Mohseni told reporters in the capital, Kabul. Surrounded by supporters, Mr. Mohseni unfurled reams of paper with hundreds of women's signatures and thumbprints backing the law. The legislation came out of three years of debate and revision involving both Islamic scholars and members of parliament, Mr. Mohseni said.
James Morton