In a modern democracy the majority of the people should not be allowed to infringe basic human rights. For instance, voters should not be able to re-introduce slavery or racial segregation by majority referendum.
The most basic of all human rights is the right to live. The death penalty is not only expensive and non-deterrent, it is also a grave human-rights violation. The voters should not be asked if it should be upheld or not.
Sweet Home (April 4)