19/02/2024
This note may easily (or by the exercise of tolerance and leniency) be deemed a continuation of the last post(LinkedIn)9on the undue authorization of the algorithms over the very wise human mental abilities in the field of law and justice. My excuse for my pray for tolerance is that I am only volunteering these thoughts on my own without assistance and it runs as follows:
“The “Ejar” platform clarified that financial claims for due amounts can be submitted against the tenant through the ex*****on court if the contract is an executive document.”
This piece of news was made public on Feb.17 on a news online service. This makes some individuals uncomfortable when they deem the action as an interference by an unruly guest to the matter. It is a good example of the danger of the suspicions of encroachment of the executive on the field of legislature and courts of law. A similar situation – mutatis mutandis - presented itself as early as the era of the US president Andrew Jackson who once ventured the assertion that the President is the final interpreter of the Constitution for executive functions. In his veto of the reauthorization of the Bank of the United States, he dismissed the Supreme Court’s decision in McCulloch v. Maryland, arguing that the opinion of judges has no more authority over Congress than the opinion of Congress has over the judges, and on that point, the President is independent of both. However, it’s essential to note that the debate over who should definitively interpret the Constitution remains unresolved. The Supreme Court, in the landmark case Marbury v. Madison, famously asserted its authority to interpret the Constitution when reviewing the constitutionality of governmental action in cases properly before the Court. The Court’s role in interpreting the Constitution has evolved over time, and various theories exist, most of them are put to idle existence in favor of the supremacy of the court interpretation
This understanding was confirmed in the recent case of Bush v. Al Gore (2000) against the contention attempted by Bush Jr. that he could also assign his private understanding to the high text of the constitution. The court by the action fortified the supremacy of the court word over the other’s even those at the level of Presidential candidates and presidents in office.
The view that each branch of government (executive, legislative, and judicial) may interpret the Constitution when it relates to the performance of its own functions does not hold for long and it may shortly suffer desertion if a bold court may come with a well substantiated grounds in favor of Professionalism of interpretation of legislative text.
The contention above needs to be examined in order to remove the suspicion it may create if taken as it is. If it is correct then it may make redundant some provisions in the legislation or more worse it may contradict or weaken other provisions. The Artificial Intelligence at this stage of laboratory tests should not be accorded more than its worth. A winning position may be secured by waiting till all uncertainties of this machine reaction are done away with or else people may pay unnecessary cost for the haste of implementation of this system in its entirety instead of taking it piece by piece and exclude the offending side of the machine.
The absence of immediacy between the court and the litigant (read lawyer) through the intervention (read authorization) of digital reactions does not make justice easy. It takes more than a matrix of algorithms to create and substantiate a claim (especially the ones without ready sr ample). This sort of litigation elements is made possible by the activation of the mind of skillful prorfessionals from the Bench or the Bar as no machine reaction may be equaled to brilliant brains of lawyers. The brief experiment may require a trace back to the beginnings to reverse the whole course and go back to the starting point of severing the electronic behavior from the human faculties assigned the liberty to draw intelligent inferences from what is laid before them.