Second, by creating more and more fundamental rights of that nature, which by definition cannot be altered by political majorities in a legislature, one renders democracy obsolete. The rule of law degenerates into government by judges. Some well-intentioned people talk about rights while they mean to argue for objectives for political or common action. They do not consider the legal implications. As long as people remain unaware of this, we won't have a fruitful discussion.
Political culture is in decay and the legalization of politics contributes to that decay.
Politics are being legalized. Traditionally, politics was very different from making law and creating rights. There was an autonomy of the political sphere. Political action takes place within a constitutional framework, but it should not be an activity of lawyers. Political action needs a degree of freedom, to change and to adapt, to determine collective priorities and to weigh interests in a function of political preferences as expressed in elections.