What makes you think we can recreate on EOS a better justice system than the one we have in the real world?
What makes you think we would be better off without a justice system? It's not like everything is always bad with existing justice systems and there is no upside to them. All systems are imperfect, especially where humans are involved, but some problems cannot be solved without human intervention. It doesn't mean we shouldn't try. I mean the argument that we should not do anything legacy systems do, just because we might fail to improve them, is wrong in my opinion.
All I'm not advocating writing off the justice & arbitration system completely. What I'd like to see is clear distinction between those two categories (as they serve different use cases) and applying the justice system only in very precisely defined cases. Rescuing people from theft is very tricky, especially when the ultimate judges (i.e. the top BPs) have disproportionate power and normal shareholders stand no chance against them.
Thus the primary thing the Constitution should do is define clear limits to the power of BPs instead of stating that all shareholders are effectively subject to justice served by them.