Author Topic: New Legislation ...  (Read 392 times)

Offline Baruch

New Legislation ...
« on: February 08, 2020, 10:34:26 AM »
New Way Forward Act ... among other things, makes it easier for criminals, convicted of crimes in other countries, to live in the US.  How come all legislation is written by sociopaths?  This is an institutionalization of the Marielista scandal of the Carter administration.
Ha’át’íísh baa naniná?
Azee’ ła’ish nanídį́į́h?
Táadoo ánít’iní.
What are you doing?
Are you taking any medications?
Don't do that.


Offline Baruch

Re: New Legislation ...
« Reply #2 on: February 14, 2020, 04:29:57 PM »
Unfortunately legislation means nothing, it is how it is enforced that matters.  The more words in the legislation, the more confusion, the more freedom of police to interpret.

There is probable cause to arrest Hillary for destroying her emails, sequestered by Congress.  She is not under arrest.

But my original quote, is that what it means?  Depends on what cop is tasering your ass.  Nobody is tasering Hillary.  You or me ... I wouldn't try pissing off the cops.
Ha’át’íísh baa naniná?
Azee’ ła’ish nanídį́į́h?
Táadoo ánít’iní.
What are you doing?
Are you taking any medications?
Don't do that.

Re: New Legislation ...
« Reply #3 on: February 18, 2020, 10:41:55 PM »
"Unfortunately legislation means nothing, it is how it is enforced that matters.  The more words in the legislation, the more confusion, the more freedom of police to interpret."

I don't deny words of any law or bill are confusing because there are many words and words can be interpreted in nearly any way when there are a lack of details.

Fictive example of an act of parliament of a fictive country : "The police department is charged to act with honor and duty to protect the people".
The underlined part is vague. What is the meaning of "With honor and duty" ?
If it is not indicated in the act or another text. How can we know precisely what it does means ?
If there are no texts to tell in details the meaning of this. Case laws will determine the sense and maybe in another than the one the legislator would.

I think it is important to write legal texts with a precision of terms used to avoid that judge define de facto the law with case law.
Define the law isn't the function of judges but the role of legislator.
If legislator don't explain the meaning of terms used a judge must interpret and it can lead to abuses.

In common law countries like Australia , UK (Except Scotland) , USA (Except in Louisiana State) etc... Case laws is of great importance and often the judge in first instance can't adapt his / her decision to the situation because he / she must to follow decisions taken previously in a court charged of cases in first instance or a superior court.
But in civil law countries like France , Russia , Turkey etc... Cases laws haven't the same importance than in common law and the judge have often the power to adapt his / her decision to the situation.

In my country (France) it is not rare to see a resolution to a problem given by a cour d'appel (Court of Appeal / A jurisdiction charged to judge in appeal the majority of penal cases and the civil matters in appeal) and another resolution to the same problem given by a cour d'appel not far of the other cour d'appel that resolved the problem first.
The fact there are two resolutions to the same problem because of interpretation of the law lead to legal uncertainty.
The cour de cassation (Cassation court / The highest French jurisdiction in penal matters and civil matters) can fix the problem definitely when there are many resolutions for the same problem but it is not rare to see lower courts violating case laws of the cour de cassation.

Differences between Judicial Precedent and Civil laws.
Judge-made law : https://en.wikipedia.org/wiki/Common_law
Civilian law : https://en.wikipedia.org/wiki/Civil_law_(legal_system)
Map of the legal systems of the world : https://upload.wikimedia.org/wikipedia/commons/9/92/Map_of_the_Legal_systems_of_the_world_%28en%29.png