No it is not a flawed system. That is literally the legal system at work (at least the Westminster / US systems with judge-developed case law). Legislature writes the law, and nobody knows for sure what constitutes "complying with or being in breach of that law" until judiciary rules on it (sometimes decades later!).
No it is not a flawed system. That is literally the legal system at work (at least the Westminster / US systems with judge-developed case law). Legislature writes the law, and nobody knows for sure what constitutes "complying with or being in breach of that law" until judiciary rules on it (sometimes decades later!).