Explain the difference between the partisan model of law and the neutral model of law. Which do you think most accurately explains the current legislative and political climate? Which model do you think Americans OUGHT to follow in order to promote democracy?
In the partisan law model, attitudes to specific laws are largely determined by whether the provisions of law favours or oppresses any given side. Ideally, the partisan model focuses on the partisan interpretation of any law. On the other side, the neutral model states that there is something special in law that goes beyond the pure partisan levels since it exerts some forms of responsibilities. At the same time, it acknowledges that although laws are made by party politicians, legislation is deeply motivated by certain ideologies. The neutral model of law explains the current laws formulated in numerous countries. For example, the Senate in the United States is largely compromised of republicans though the laws that are implemented do not seek to serve the interests of republicans but for the entire nation. The neutral model of law should be followed in promoting democracy since it goes beyond the one sided partisan form of politics and addresses some citizen’s concerns.
Why does there need to be a balance between vagueness and legal certainty in our legal system? In your explanation be sure to define these two terms in relation to Rule of Law. Can you think of an example where vagueness in law is a positive attribute? A negative one?
Legal certainty is a principle in law that requires all laws to provide subjects with the ability to regulate the same laws while vagueness of the law states that laws that are too void or confusing to the citizens should not be applied in certain cases. A balance between these two issues ensures that citizens within the country are not criminalised by the state by laws that they do not fully understand and in the process the powers of the state are reduced. Vagueness of the law becomes a positive attribute when it allows suspects to be freed in charges that are deemed confusing even for the judicial system. It becomes negative when it allows abuse of specific laws due to ignorance of some parties in the criminal justice system.