Whether it is in the United States or in mainland Europe, written constitutions have one great weakness. That is that they contain the potential to have judges take decisions which should properly be made by democratically elected politicians.
There have been summits of civilization at which heretics like Socrates , who was killed because he was wiser than his neighbors, have not been tortured, but ordered to kill themselves in the most painless manner known to their judges. But from that summit there was a speedy relapse into our present savagery.
We do not quite say that the new is more valuable because it fits in; but its fitting in is a test of its value - a test, it is true, which can only be slowly and cautiously applied, for we are none of us infallible judges of conformity.
It is true that the discerning intellect of the world is always much in advance of the creative, so that there are competent judges of the best book, and few writers of the best books.
What moralist can deny that well-bred and vicious people are much more agreeable than their virtuous counterparts? Having crimes to atone for, they provisionally solicit indulgence by showing leniency toward the defects of their judges. Thus they pass for excellent folk.
The noble type of man feels himself to be the determiner of values, he does not need to be approved of, he judges 'what harms me is harmful in itself', he knows himself to be that which in general accords honour to things, he creates values.