rubberstamp
Joined 10 years ago
Joined 10 years ago
Democracy itself is young concept. So there is no point looking beyond a certain time period as they were all monarchies before that. However even during earlier times there are examples of democracy like monarchies where citizens were not ignored by monarch, and they ruled for the people.
Civil law based systems are a more sane alternative to common law based system that relies on precedents. Law should be discussed in legislature and legislature must oversee and fix the law appropriately rather than make vague laws and leaving it to judges or others for interpretation. Due to not relying on precedents, the law is also easy to understand and apply and follow and enforce in civil law based systems. Cases also takes less time overall compared to common law based justice system.
Elected representatives are the authors or developers of law. Everyone else is users of law. Users cannot be allowed to change interpretation of law as anything other than how it is written.
Law made for horses and then vehicles got invented and law needs more clarity? Ask legislature to discuss and add new law for vehicles or modify existing law to also handle vehicles.
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.
Usa has constitution and its government more or less side steps it in many things. Might as well have no constitution. Usa is a jungle for practical intends and purposes compared to europe or any functional democracy. This is the problem with allowing interpretation of law rather than taking law as it is written. Someone somewhere can interpret it in completely twisted way and throw away the spirit of the law.