The law as intended is to see to the administration of justice and has completely lost the plot.
In MANY instances laws, rules and regulations do more harm than good.
There are many critical issues that need to be addressed with regard to TheLaw . That is what this website is about. There MUST be a better way to create, apply and maintain TheLaw.
The most important and the most urgent issue which must addressed is that RESPECT for Police must be re-established.
TheLaw and Justice are becoming increasingly separated :
It is accepted that there is a huge gap between application of the Law and any consideration of Justice. see. Role of a Judge. The judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling on the matter at hand based on his or her interpretation of the law and his or her own personal judgment. This is the intention of TheLaw in most countries. But IMHO the judge will normally rule with the side which shows the strongest application of the laws that are presented. This does not change much when the judge is advising a jury on the legal aspects. The result, in this day and age, is that the “winner” is usually the side that presents the strongest legal case and this is normally ( and logically ) from the best qualified, experienced and most expensive legal team. This is the case because The Law has become so verbose, complex and convoluted that it has a number of “legal loopholes” that are used to advantage by lawyers who are paid exorbitant amounts of money to achieve whatever it is that their client needs. A very powerful example of this is Don Trump. The trump USES TheLaw as a distraction from his real objectives by spending a LOT of money on (questionable?) lawyers who DISTRACT the courts on an EXTENDED timeline till issues can be settled “out of court” for a fraction of the real amounts due. This TheLaw as it is to-day.
There are also examples of Judges who are incompetent and even some that are corrupt.
The Law must be simplified and deal with the issues that can be addressed:
A review of all laws in the country should become a priority with the following objectives:
1. There must be a PLAIN ENGLISH PURPOSE included at the start of each and every Law.
2. Every new Law that is created must nominate a Law that is no longer appropriate or practical or relevant for removal. This will ensure that the Laws do not just continue to grow in numbers with many Laws that are being modified and revised rather than new Laws being created.
3. Wherever possible Laws, that are no longer needed or have become inappropriate, should be revoked/scrapped to simplify the legal structure. This needs to be addressed urgently in terms of objective
4. No Law should ever be created that ADDRESSES sex, creed or religion. All Laws must be created for people to follow. If there is any attempt to cater for “any special considerations (eg. sex, creed or religion)” that Law is effectively creating a situation of INEQUALITY and will contradict HUMAN RIGHTS in one form or another.
5. All laws should be based on TheCode so as to remain objective and easily understood.
Another solution that is required is to resolve the political issues which are discussed under POLITICS which, will in turn, return respect and practicality to how TheLaw applies justice and maintains peace.
There is the need to remove the responsibility of the police to generate revenue for the government or councils. The police are there to protect law abiding citizens from non-law abiding people and as such MUST be respected for this very important responsibility. It is very difficult to respect a policeman that is fulfilling his revenue quota by issuing speeding tickets. Frequently in an overzealous manner in an attempt to maintain a quota! This is a tough one to resolve but needs to be addressed.
Another issue which does need to be addressed is the reintroduction of the Death Sentence. The abolition of the Death Sentence for crimes against humanity is, to me, as inappropriate, impractical and tunnel vision. The justification for removal of the Death Sentence is partly due to the obfuscation that is called political correctness.
The government has become the nanny-of-the-nation.
Everybody has to be protected FROM THEMSELVES because the government has to foot the bill for any and all irresponsible behavior (in terms of the peoples rights!! Everyone regardless of personal Responsibility is entitles to MediCare in Australia.). And consequently many laws are made for the purpose of TRYING to stop people being irresponsible. Many Laws are also promulgated for the generation of revenue for the government or for Councils. Many of these laws become unenforceable for one reason or another and the whole system becomes more and more complex. Overzealous enforcement of these laws by people who become obsessed with their personal “power” increases the overzealous application of many laws. Reasonable and law-abiding people become the victims of these legal practices while the police force does not have sufficient manpower assigned to catching those people for whom the laws were created in the first place.
The two Problems, Politics and TheLaw, are very much related but the many problems need to be addressed separately so that solutions can be defined and then suggested as individual actions.
Jude