If I could write one rule, and only one rule, for New Zealand’s Constitution the one rule that I would write would be…
Any legal punishment must be proportionate to the offense.
If you could write one rule, and only one rule, for New Zealand’s Constitution what would that one rule be?
So you are saying ‘An Eye for an Eye, Tooth for Tooth’ Richard.
“Because Government is the servant of Free Peoples, and the Rights of Individuals must be equal before the Law, the Government will levy no involuntary Taxes, nor enact any discriminations which impinge upon the Equal Liberty of individuals to peacefully follow their own conscience.”
I could have written this so as to cover ‘more ground’, yet I have decided this is sufficent for the purpose of answering your question. It does not cover all baces, yet covers the most essential ones… In my opinion.
Ok so I cheated…just a little.
It’s me not Richard.
Yes, more or less – that’s justice.
I count three rules in your rule 🙂
Ahh Reed…. Sorry brother!
One problem with the ‘an Eye for an eye’ theory is that Human justice systems are notorious for convicting innocent people, and you cant restore a persons eye… or life if you ‘get it wrong’. I am also opposed to the death penalty for another reason… I don’t want to Give the Government the right to purposefully snuff out the Life of People. That too much like a tyrannical power for my liking and so in principle I want the government to be much more limited.
I prefer the Courts passing ‘Life sentences’, and don’t mind paying for Prisons for that purpose. If later on the convict is found to be innocent, he may have lost some of his lifetime but not all of it, thus life sentences mitigate the potential for injustice via bad convictions.
I’m with you on murder. A life sentence for murder is a proportionate punishment. Have you considered that some of our current punishments are disproportionately harsh?
If you had to choose just one rule to include in the constitution would it be this rule…
If so, I think it is similar to my rule (in part). Consider the following…
Punishment = discriminations which impinge upon the Equal Liberty of individuals
Offense = a non peaceful action