an enabling law should guide the use of existing laws

A number of companies use "enabling contracts".  We need an enabling law, against which all current laws could be tested by the courts to judge their validity.
My enabling law would be " Everyone (both perpetrator and victim ) must be treated with dignity fairness and respect.
My view of fairness would be  "don't do to others what you would not have done to you".

I recognise that this could be dangerous, as extremists would say that extreme measures should be done to offenders, but I would hope that a balanced view would prevail.

Why does this idea matter?

Laws keep being enacted to cover situations that have been missed in previous acts.  The end result could be that everything is illegal.  The basic principle behind all laws is unclear, and sometimes perverse.  This law would clarify the basis on which all laws are founded, and would provide a structure against which perverse laws could be tested.

The idea of choosing which laws to repeal is as difficult as which laws to pass.  The principle of testing in court would provide a broad and constantly updating proceedure to take account of changing public concensus.

Leave a comment

Your email address will not be published.