Re:UK ditches ban on 'legal but harmful' online content in f...
by skissane on Tuesday November 29, 2022 @04:45PM
(#33793776)
> It's not a judge's job to stop legislation turning into a dead letter if it's incompetently drafted, which this is.
That really comes down to whether the judges given the decision want to save it or sink it. Even if the legislation is poorly drafted, if they want to save it, they’ll find a way to read it which saves Parliament’s intentions. If they want to sink it, they can exploit its poor drafting to render it toothless.
I have no idea which path British judges will choose to go down. Unless you can claim some special insight into their thinking, I doubt you really do either.
That really comes down to whether the judges given the decision want to save it or sink it. Even if the legislation is poorly drafted, if they want to save it, they’ll find a way to read it which saves Parliament’s intentions. If they want to sink it, they can exploit its poor drafting to render it toothless.
I have no idea which path British judges will choose to go down. Unless you can claim some special insight into their thinking, I doubt you really do either.