dana: No, no textbook. That's just what I think.
Vadz: Yes, I agree that the constituion takes precendence. But what if the constitution has been altered. What if the constituion sanctions the desturction of basic human rights?
What if attitudes of constituents change over time so that the constituion is outdated and not in keeping with the true views of society? The consitution (if one exists) is just a set of basic overriding principles that are agreed upon by 'people' that should be core in the passing of /new/ laws. It's not some fundamental truth about humanity, it's just some principles. Just as social trends, demographics and behavious changes over time, the constitution could change too.
You ruling regarding the morality of killing is ridiculous. Killing is wrong because human society (on the whole) has 'decided' that killing is wrong. Upon deciding this, when people have decided to have governments, allowing them to pass laws, the people have concluded that banning 'killing' should be put into law. The law should be just a representative of the views of society as a whole, or 'on average'. The law prohibiting murder is merely a voice for the views of society, setting a standard in order that everyone knows that this is the values that most of society have.
When these values change, different governments are elected, and they pass different laws.
The 'law' does not define what is right and wrong. The 'law' is merely a vessel for which society's views of what is right or wrong is kept. Sometimes it becomes out of sync with the views of the public, and the democratic process has been designed so that these views can be then incorporated into the law over time.
Your argument resembles the argument of a mother telling her kids that "it's bad to steal because it's against the law". That's bullshit. It's not bad because of the law, it's bad to steal because it upsets other people, infringes on their basic property rights, and is contrary to the general values of society. The law merely embeds these values.