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You're asking a court to do something different than apply existing laws to a possibly new situation. That seems like a weird ask.
by contravariant 5y ago
You're asking a court to do something different than apply existing laws to a possibly new situation. That seems like a weird ask.
- CoastalCoder 5y agoIANAL but isn't this the crux of the debate regarding strict construction? I agree the apply-by-analogy approach makes sense of laws cannot be revised. But my understanding is that most legislatures are permitted to revise or repeal laws to adapt to new circumstances.
- will4274 5y agoI'm not aware of any law that cannot be revised. Can you name such a country / law?
- wongarsu 5y agoSome constitutions contain parts that can't be changed. The most famous example is probably Germany's basic law (technically not a constitution) where article 79(3) prevents changes to articles 1 or 20 of the basic law [1]. Wikipedia lists some other examples [2]. I'm not aware of anyone setting labor law in stone though, that would seem foolish. 1: https://www.gesetze-im-internet.de/englisch_gg/englisch_gg.html#p0415 https://www.gesetze-im-internet.de/englisch_gg/englisch_gg.h... 2: https://en.wikipedia.org/wiki/Entrenched_clause https://en.wikipedia.org/wiki/Entrenched_clause
- Nitrolo 5y agoProbably not the kind of law you were thinking of, but articles 1 (protecting human dignity) and 20 (enshrining the principles of democracy and rule of law) of the German constitution can not be changed or repealed.
- dagw 5y agoRevising and repealing laws is a slow process that take up a lot of legislative resources. Allowing the courts to work in parallel in this way speeds up everything. If the legislature is unhappy with the decisions the court comes to, then they can go in and make changes. If they agree then they don't have to do anything and can focus on other things.
- contravariant 5y agoWell even if laws can be revised the courts aren't really in a position to do so. At least, if the separation of powers is still intact.