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For new legislation, being thorough and specific is the best way to restore the primacy of legislation. A fast-track system to legislatively resolve ambiguities that go to the courts would also be a big win.

Unfortunately, legislation-by-court-case often involves the Constitution, which can only be altered by supermajority and thus can't be patched to resolve a controversial issue.

There are judicial philosophies that favor a less expansive interpretation of the Constitution, but the issue is complicated by the fact that the court seems to have a consistent socially-liberal bias relative to the more directly-democratic institutions. So more restrained justice == more conservative justice. It's hard to get people to focus on the meta-level when it clearly has such a strong entanglement with the object level.






For new legislation, being thorough and specific is the best way to restore the primacy of legislation.
Basically the problem with our laws is that they are not thorough enough. Instead of the 20,000 pages of Obama care regulations (http://townhall.com/tipsheet/guybenson/2013/03/12/photo-20000-pages-of-obamacare-regulations-n1532069) the regulations should be longer.

How long should they be according to your opinion?
63%
ChristianKl
stars0
Replies (3)