Perhaps no one could argue a good point against
the idea that in order to give proper weight among the three branches of
government, the Justice system should have enough discretionary strength to
undo injustices and violence against Constitutional rights by the other branches. Of
course crazy arguments on exceptions are made all the time.
Also, especially in Consumer Contract Law, Justice
sometimes requires mercy as well as discretion, and as the great poet says,
"The quality of mercy is not strained... it drops as a gentle rain from
heaven, and upon the place beneath is twice-blessed..." hmmmm probably to give us greater protections that no military arms can give us.
Discretionary tools are especially important at a time of banking-related economic crisis, and when purchased and
unjust consumer legislation requires them such as Bankruptcy Law changes in 2005.
Armed with unjust legislation, these same
institutions that caused the crisis will charge off bad debts, sell them
to collector-investor companies for pennies on the dollar. And, in turn, these unscrupulous investor collectors, even full knowing the dire
circumstances of the debtor, knowing his home is way under water and in
foreclosure, but having little to lose, will:
harass, for example, a 71-year-old man and his friends by
phone for years, then file a claim against him
in one of the Contract Law courts of the Justice system, try to confiscate his
little $10 an hour paycheck, and attempt to follow him to his grave to get the
last of his dwindling resources, and even try to leave him nothing for care in
his older age once his employer considers him too old for employment,
and possibly leaving him nothing for burial expenses.
Bodies pile up, the resources of the Justice system are dried up, but these
cases of the little collectors crawl around the Justice system like bed bugs
and block cases that of greater national importance. The Justice system becomes unable to cope, overwhelmed by too many bedbugs.
How can Discretionary Tools help or not? One Judge might rule in favor of
those corrupt institutions that brung him, even if honest justice requires
otherwise. Another Judge will use discretionary tools to dismiss such cases
because they are wise and understand all the foregoing circumstances. Another
Judge may be an expert on the rules of law, and does not believe the Justice
System has a right to have discretion in Contract Law, no matter how unjust the
law is. No matter what, for this last Judge, there will be no Revolution!
There is an interesting investigation by the Consumer Law Group, The Debt
Machine that gives me, and will give you, some insight into the problem, See
at: click here
If you are in consumer debt with consumer contract, which kind of Justice
System do you want? What kind of Judge do you want?