Although courts seem unlikely to restrict the government’s authority to implemen

Question

Although courts seem unlikely to restrict the government’s authority to implement quarantine, the government’s power will not be unrestrained. Logistics and shortage of the resources necessary to manage a large-scale quarantine will restrain the government’s ability to introduce any highly restrictive policies that are against the wishes of the public. Thus, the people provide the ultimate check on the government’s power, and this seems appropriate. Indeed, it is this very idea which represents the foundation upon which our Constitution and our conception of liberty is based. Both the law and the government are supposed to reflect the will of the people, and perhaps drastic times necessitate a more direct manifestation of this principle.

Explanation / Answer

Wishes of the people are important as it sets the demand as a market force in the economy that gives clue to the firms and supply is created. It works to develop a market based economy. Though, pure wishes of the people are not enough to create constitution and set of principles that govern the nations. If only wishes of the people are to be followed, then it can lead to the majoritarian approach and some section of the society will be suppressed by the majority wishes. So, the constitution is developed in a way that takes care of the best interest of the nation, its people, its resources, sets guidelines for the governance and created different branches that can control each other. For example, three branches of the government are executive, legislative and judicial to bring a balance of power and best interests of the people are well taken care of. It gives true liberty to the people with freedom and rights are granted to them to approach a court of laws to restrain other branches of the government.
Besides, the broader aspects such as the nature of governance, private property rights policy, fair market regulations and developing a broad regulatory mechanism also originates from the different sections of the constitutions and new laws are framed. So, wishes are important, but morally high and righteous approach to develop a constitution and another book of governance is equally important.

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