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I too always like to start my day with a fresh breath of legalism. You do have some points, but your examples aren't so good. 1. In your test example, the stu
by SapphireSun 10y ago
I too always like to start my day with a fresh breath of legalism.
You do have some points, but your examples aren't so good.
1. In your test example, the students didn't know the course material, they just thought they did. They don't actually qualify for an A+.
2. In the scene of the accident, the rule there is in place because there is an incentive to leave the scene of the accident. Ideally, someone who didn't know the law would get a less harsh penalty than someone who did (so intent matters).
In the case above, there is something special happening. The rights of citizenship are on a much higher more protected plane than other rights (as other fundamental rights, voting, residency, amongst others are derived from them). We are allowed to use strict liability for leaving the scene of an accident because it's a shitty thing to do regardless of the law and because while it does affect the fundamental rights of liberty, it is based on something that the person did to deserve a punishment.
In the case of citizenship, if they technically qualify and act as though they do, that should be enough to at least give them the option of taking it retroactively. It's too fundamental for the most simplistic interpretation of bureaucratic rules to suffice.