Q: how does this government write a law that is against the law
A: Laws are often drafted by legislative aids, non-profit organizations, or think-tanks that try to avoid writing laws that violate other laws. Sometimes, they push the envelope and laws are drafted and adopted that are later declared to be either unconstitutional, or violative of other laws, or in conflict with other laws, or too vague to be enforced. In many instances, the initial draft of proposed legislation is amended or revised, often several times, before finally being passed and signed into law. Sometimes those changes create the problem. Other times, separate proposed legislation is being considered at the same time and when both pieces of proposed legislation are passed close in time to each other, the problem is created. While there are lots of people whose job is to minimize the chances of this occurring, nevertheless these problems do arise from time to time, and the court system has to address them.
A: In democratic systems with a rule of law, the government creates and enforces laws through legislative processes. Laws must conform to the constitution and legal framework. However, when a law is challenged as unconstitutional or in violation of legal principles, a system of checks and balances comes into play. Courts, through judicial review, have the authority to interpret and potentially invalidate laws that do not comply with the constitution. Citizens and organizations can bring legal challenges, and if a court deems a law unconstitutional, it may be revised or amended by the legislature to align with legal standards. This process ensures that laws adhere to legal principles and individual rights, reinforcing the rule of law in democratic societies.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.