Wow. You love telling people how they misread things when you constantly do the same. I never questioned that they don't apply the law in an inconsistent manner, I said many countries do. My point was you know about it, either suck it up or go somewhere else. There is issues with every countries laws.
I find it particularly hilarious when you consider our own country. We have constant issues with our own laws being applied un-uniformly and, at times, in complete contradiction to the written law and intent specified by the parliament. A judge effectively can do what they like with no punishment. Most of the time they are political appointments with many known for disregarding precedence to apply their own version of the law (there was an article in Qld a while ago that listed many of these judges). Try seeing a lawyer and getting an definitive answer on something. I would ask one of the lawyers on the forum to give an answer but we know they will demand your first born child and then still not give you a straight answer
What makes you think a lawyer hasn't already contributed to this thread?
Our laws are uniformly applied but we have both statute law and common law.
Common law is based on the previous decisions of courts. Consistency is assured by following these precedents and by the principle of stare decisis.
This esentially means that once a court (subject to appeals to the top of the court system) has decided a question of legal principle, no court may revisit that question.
If a judge defies precedent that decision can be appealed and a higher court would reassert the precedent.
Australia has much less of a problem with political appointments than, for example, the USA.
It is seldom if ever possible to identify "sides" in our high court in the way there are clearly always conservative and liberal factions within SCOTUS.
The numerous and delightful dissents of Murphy J and Kirby J notwithstanding.
The appointment of a poorly qualified family court judge as chief justice by the former Campbell Newman Government in QLD was a sorry exception to the general rule.
I don't like or respect George Brandis as A-G, but at least he hasn't sought to stack the high court with conservatives.
Laws which are applied uniformly and inflexibly always result in injustices.
The common law evolved as the uniform law of England as determined by the King's courts which replaced the inconsistent rulings made by local nobles.
But it often led to unfair results. So people turned to the ecclesiastical courts of the church to temper the application of the common law.
These ecclesiastical or equitable courts developed their own body of law which we know as equity and is now part of the law administered by our courts.
Although lawyers can't agree on the extent to which equity and common law have become fused or remain separate. Google "fusion fallacy" one day.
It is the complexity, flexibility and adaptibility of this legal system, in itself a strength, which sometimes makes it hard to get a black and white answer.
Of course this isn't helped by the rapacious greed of some lawyers who will argue any case for the right fee.
But I don't think "simplifying" the law or applying it with less flexibility is the answer to this problem.
Moving away from time-based charging is helping to address the greed which afflicts some aspects of the legal profession, as it afflicts all professions.
Returning to the original topic, this flexibility to apply the law so as to deal fairly and properly with different circumstances can be distinguished from manipulation of the law to acheive certain outcomes.
It's not black and white. It's grey, if not multicoloured. But who wants to live in a world without colour?