points by DoctorOetker 2 days ago | 0 comments
different countries have different platforms or mechanisms where interpretations of law are discussed, in Belgium for example there are "rondzendbrieven" by which say judges discuss how to collectively misinterpret the law.
from a US perspective, isn't this diametrically opposed to the concept of "void for vagueness"? : the moment the interpretation of ostensibly non-vague law is under discussion by professionals is the moment said law is invalidated.
[–] rubberstamp 2 days ago
[–] mrandish 2 days ago
I get why that may reflexively seem right but such a blanket proscription would go off the rails and lead to unintended consequences you definitely don't want. It's simply not possible to write a law both specific enough yet broad enough to cover all cases. You or I can read a plainly worded law and think "There's no way this can be misconstrued, gamed or subverted" and, sadly, we'd be wrong.
> parliament should make any bug fixes rather than allowing courts or administration to interpret laws in any other way other than how its written down in the law.
It's certainly possible to theory-craft completely new and different governance, legal and justice systems from scratch which have different sets of constraints and trade-offs, but then it's a long conversation and unrelated to the existing U.S. system. If we limit ourselves to starting from what the existing U.S. system is and proposing modifications which are actually both constitutionally and logistically possible, then forcing all interpretation and clarification to be passed by congress would require monthly revisions, immediately breaking an already dysfunctional congressional system.
I think it's worth mentioning that in the U.S. system, judges interpreting application of laws passed by elected representatives is a feature not a bug. The U.S. system was designed to be adaptive and self-gating, so each of the three branches of the government have built-in checks and balances on the other two. Setting aside current politics, on a long time-horizon like the last ~50 years, I think the U.S. justice system, as imperfect as it is, is actually serving its designed purpose far better than the other two.
[–] rubberstamp 2 days ago
There is another system, civil law based systems where law is passed by parliament and doesn't depend on any court precedents or court interpretation.
Might as well have just courts and call it as adaptive system instead of acknowledging that is isn't a good enough system. Europe has done better in this regard. Checks and balances hardly works in usa. Plenty of news on subverting various constitutional guarantees is example that it failed to work.
Proper democracy needs properly functioning non-lazy legislature. Making vague laws and calling it a day and leaving it for judges and lawyers to interpret based on whichever way the wind is blowing isn't democracy.
Legislature can also work 40 hours a week. Things can be more functional rather than dysfunctional. Active democracy and direct democracy where people can veto laws if necessary, in case representatives collude to pass draconian laws, would be the best kind of democracy. Only that can prevent erosion of rights.
[–] parineum 2 days ago
[–] rubberstamp 2 days ago
[–] IAmBroom 20 hours ago
Human languages do not have exact, logical meanings.
It is very difficult to compose an English sentence that is not subject to possible misinterpretation.
[–] parineum 1 day ago
Laws aren't made by one person. When everyone votes on them, they agree on the language because of how they interpret the words on the paper. The meaning is what the words on the paper say, which is interpreted by different people to mean different things before they even become law.
[–] rubberstamp 1 day ago