That is, indeed, an apt comparison. Constitutions are a strange beast, because they are not subject to majority rule, but require supermajorities far beyond 50%.
That appears undemocratic. Part of the solution to this tension is to point out that democracy is more than just majority rule, nicely enshrined in the saying "Democracy isn't two wolves and a sheep voting on what's for dinner".
Another part is the custom that constitutions are mostly concerned with the process of democracy, not the contents. It's somewhat tenuous in light of the the US constitution's amendments, some of which seem to deal with subjects that don't directly relate to the political process. But I think a case can be made that, for example, religion is constitutionally protected because it plays an important role in society's deliberations.
I once saw the late Justice Scalia, for whom I usually have nothing but disdain, at a talk, and he had a relevant point: Too often, people call for a constitutional amendment to enshrine their ideology, removing it from being a subject of the usual political process. That is, I believe, valid for attempts to elevate animal rights, or restrictions on abortions, to the constitution, among other things.
I think this discussion mostly serves to show that politics is almost never about easy decisions. Because easy decisions are made silently, never to appear in the news and the subject of partisan strive. But the tech community has a tendency to believe in oh-but-thats-so-obvious, and the result of that believe is, for example, the idea that "smart contracts" could replace the ambiguity and complexity of law in capturing the myriad circumstances of life that may make an appearance in a contract, or a dispute.
That appears undemocratic. Part of the solution to this tension is to point out that democracy is more than just majority rule, nicely enshrined in the saying "Democracy isn't two wolves and a sheep voting on what's for dinner".
Another part is the custom that constitutions are mostly concerned with the process of democracy, not the contents. It's somewhat tenuous in light of the the US constitution's amendments, some of which seem to deal with subjects that don't directly relate to the political process. But I think a case can be made that, for example, religion is constitutionally protected because it plays an important role in society's deliberations.
I once saw the late Justice Scalia, for whom I usually have nothing but disdain, at a talk, and he had a relevant point: Too often, people call for a constitutional amendment to enshrine their ideology, removing it from being a subject of the usual political process. That is, I believe, valid for attempts to elevate animal rights, or restrictions on abortions, to the constitution, among other things.
I think this discussion mostly serves to show that politics is almost never about easy decisions. Because easy decisions are made silently, never to appear in the news and the subject of partisan strive. But the tech community has a tendency to believe in oh-but-thats-so-obvious, and the result of that believe is, for example, the idea that "smart contracts" could replace the ambiguity and complexity of law in capturing the myriad circumstances of life that may make an appearance in a contract, or a dispute.