Can a democratic law stop an administration's wrongful action in real time?
It is the fabric of democratic law in possession of an executive power to stop an action through any physical means, so it doesn't actually take place in real time?
Judicial Review: Courts can declare executive actions unconstitutional or illegal, issuing injunctions to halt them. However, as you note, this is often a time-consuming process.Legislative Action: Congress (or parliament) can pass laws to counter executive orders, defund initiatives, or even initiate impeachment proceedings. Again, this requires legislative will and often significant time.Public Opinion/Elections: Ultimately, in a democracy, the people have the power to remove an administration through elections. Public outcry and pressure can also influence policy.Bureaucratic Resistance: Sometimes, civil servants within the administration itself can slow-walk or resist implementing orders they deem illegal or improper, though this is a less formal check.
Designed for Deliberation: Democratic legal systems, particularly those with complex checks and balances (like the U.S. Constitution), were often designed with deliberation and caution in mind. The idea was to prevent hasty, tyrannical actions, but this very design can make them appear slow in a crisis.Assumption of Good Faith: Historically, many legal frameworks operated under an implicit assumption that leaders would generally act in good faith and respect the foundational principles of the system. The idea of a president actively subverting democratic norms was perhaps seen as an extreme outlier for which the system might not need areal-time physical deterrent.The "Safety Net" Exists, but It's Procedural: The impeachment process, the power of the purse, judicial review, and regular elections are the constitutional "safety nets." However, they are procedural and rely on political will and adherence to norms. They are not an emergency brake that can physically stop an actionas it happens .Irreparable Damage: You're absolutely right that the "reality show that takes in court 'action by action'" can result in irreparable damage. By the time a court rules an action illegal, the consequences may have already manifested. This is a significant vulnerability.
Institutional Integrity: Courts, legislatures, and civil servants fulfilling their roles independently.Political Will: Leaders and parties being willing to use the tools available to them.Public Engagement: An informed and active citizenry holding leaders accountable.Adherence to Norms: The unspoken rules and traditions that underpin democratic governance.
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with Google AI Studio.