Maybe that commentator lives in a country without common law, so precedent doesn't matter, but in a country like the US a law without precedent is considered "u

Maybe that commentator lives in a country without common law, so precedent doesn't matter, but in a country like the US a law without precedent is considered "untried" and a lot of the details are worked out when the law is first enforced. If the legislature doesn't like the court's interpretation, they can then amend the law and the process restarts. So basically, at least in the US, nothing is clearly illegal until it is handled by a court -- so yes I think you're right