5 ms·
In America, there's no longer much legitimacy placed in legislation; we generally look to the judiciary for any actual governing thought these days. Legislatio
by saraid216 11y ago
In America, there's no longer much legitimacy placed in legislation; we generally look to the judiciary for any actual governing thought these days.
Legislation is mostly seen as a stepping stone; it's not until it's been tested in court that a law is really valid.
- talmand 11y agoI find that sort of statement deeply disturbing.
- saraid216 11y agoWell, yes. So do I. That's why I felt I had to say it.
- talmand 11y agoSorry, I got that. I just didn't reflect it in my response.
- titanomachy 11y agoIt's also encouraging in a way. It's good to know that there are checks in place to prevent the enforcement of laws that violate our fundamental rights.
- deleted 11y ago[deleted]
- ska 11y agoI suspect that some legislation has been written with this in mind for quite a while now. The laws themselves being an exercise in Overton window type thinking, not with any view that they would stand for long. If true, this situation becomes somewhat self-perpetuating
- boie0025 11y agoYes, I half expect to see something like: //Not sure what this line of code does, but if you //delete it, you'll break the whole application in a bill one day.
- titanomachy 11y agoNice analogy. Legislature writes the source code of the law and the judiciary tries their damnedest to compile it into an executable program, rejecting the parts that they can't make sense of.
- saraid216 11y agoOh dear, no. Legislature is the business people. The executive is the developers. The judiciary is the test team. That's how it's designed in the Constitution. The "original intent" of the judiciary was to be the guys waving their hands frantically saying, "Uh, this is a bug," while being completely ignored because there's a ship date to meet.