Amendable Laws: Implicit vs Explicit

Amendable Laws: Implicit, Explicit, Theological Argument, and Coherence Argument

• Amendable laws are laws that can be changed or altered. This contrasts with immutable laws, which cannot be changed.

Implicit Amendment

• Implicit amendment refers to a change in the meaning or application of a law without formal, explicit amendment.
• This occurs through judicial interpretation, evolving societal norms, or administrative actions.
• It effectively alters the law's scope or effect.
• Examples include changes in case law, which interpret a statute's wording in a new way, or a shift in administrative policy that impacts the law's intended outcomes.
• Key feature: it doesn't involve a formal legislative process.

Explicit Amendment

• Explicit amendment involves a formal change in the text of a law.
• It follows a predetermined process, often described in the governing constitution or legal framework.
• It explicitly alters the legal construct.
• Examples include legislative acts that modify statutes or constitutional conventions that alter fundamental laws.
• Key feature: a formal legislative procedure is followed.

Theological Argument for Amendability

• Theological arguments often posit that laws are not immutable.
• They may be viewed as human constructs subject to divine or moral principles.
• Arguments can either include a concept of evolving morality based upon faith, or, a notion that the law should be responsive to religious teachings, which could themselves change.
• This approach may depend on the specific theological perspective.
• Suggests that if a law contradicts current moral considerations or perceived divine will, it should be amendable.

Coherence Argument for Amendability

• The coherence argument for amendability stems from a concern for consistency and logical interconnectedness of the legal system.
• Amendments are reasoned as necessary to maintain consistency and prevent internal contradictions or inconsistencies within the law.
• The argument implies that if amendments are not allowed, incoherence within the legal framework will result.
• Laws must be updated to reflect changes in society, technology, and understanding, maintaining internal logic.
• Often used in legal systems that emphasize systematic justification.

This quiz explores the concepts of amendable laws, focusing on implicit and explicit amendments. It discusses how laws can change through judicial interpretation and formal legislative processes. Test your understanding of the mechanisms that allow laws to evolve.