You are suggesting that ultimately the best way to form the judicial branch for people who are self governed is to elect judges, who can be trusted to enforce the law rather then the will of the people. 1) Even if that does not generally work (because you cannot find such judges) I think it would be easier to find a group of such electable people, then it would be to find a nation which is ready to accept autocracy (The Torah way). 2About note 7. It is not the fault of the judge that the law is the will of the people. Who says that he will not do his job correctly just because the law he uses was made based on a general consensus. Who says they will be influenced by the people standing in front of them just because the law they use was made by the people in front of them? Your argument about the law being made by congress rather then by the judicial branch has nothing to do with this conversation. There is no doubt that the law is dictated by the people. There is nothing wrong with the law being the will of the people. The question at hand is, will it be implemented well by judges in a system like the one employed by the united states.