The Court is most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having little or no cognizable roots in the language or design of the Constitution…. There should be, therefore, great resistance to … redefining the category of rights deemed to be fundamental. Otherwise, the Judiciary necessarily takes to itself further authority to govern the country without express constitutional authority.
Our constitution, in short, is a judge-made constitution, and it bears on its face all the features, good and bad, of judge-made law.a. v. dicey