Abstract
There is increasing criticism of parliaments' inability to respond to a rapidly changing world. There is talk of a trend where high courts are increasingly acting as pastors of parliaments rather than as guardians of the constitution.
Restricting the legislature's discretion is, of course, necessary in the constitutional state, but it must not exceed a tolerable level. Courts are not equipped to set positive rules and can also serve the "reverse side of power", so it is not possible to rely purely on them.