[ex-snook]

The shortcoming is Courts should not make law, Legislatures should. Taking matters out of voter hands is lose-lose for courts and for citizens.

[goldstategop]

In Canada, in the days before Trudeau introduced judicial review, Parliament was supreme in the matter of law. The country originally had no Bill Of (one was adopted only in 1960) Rights and that meant that with reference to the powers adopted in the British North America Act, the residual powers granted to the center were practically unlimited. The only restriction on Parliament's legislative authority was that it could not intrude on the jurisdiction of the provincial Legislatures. Apart from that, that was little it could not do.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)