There is a problem in reconciling the principle that democracy should rely on the will of the people, and the principle that it should rest on fundamental human rights which if need be overide that will.

The compromise involvd in the US system is that the fundamental rights are enshrined i the constitution, and thta the Supreme Court decides how this shoudl be interpreted. But of course the decisions of the Supreme Court are dependent on politically appointed judges, and how they interpret the constitution can vary enormously, depending on the people who have been appointed.

Basically it does all come down to politics.