Research best concept to add Jurisprudence

[ehotting]

Jurisprudence (as in Case Law) needs one or more new concepts in order to overrule law correctly.

Quite the challenge because jurisprudence can overrule all aspects

[ehotting]

This is how we currently think it should work:

An arrest does not directly impact the execution of law, but it should be visible that jurisprudence is potentially of impact on the outcome of an instance of law execution, depending on the properties of the case.

Example:

• Law says a threshold should be 'reasonable'
• Executive branch decides that '6% is reasonable' and codifies that as the norm that applies on all cases
• During appeal, a judge declares that '4% is reasonable as well, for specific case X'

This does NOT mean that executive branch needs to adjust their codified norm, nor does it mean that law execution should include sidesteps to jurisprudence and automatically include this new law (arrest).

But it probably should result in active alerting during process execution, for both citizen and executive branch, that jurisprudence possibly / probably applies to a case with properties like case X.

That way, a citizen with '3%' can decide if appeal is reasonable.

In current practise, citizens won't really know their case is possibly / probably influenced by jurisprudence.