breakingcontact
Expert
Although I join GP's questions, my other primary concern would be the identity of the lesser magistrates? Who decides that? Those who are called?
A "big picture" problem arises in the sense that this same mechanism would allow things like Shariah law to be enforced in certain communities, using the exact same rationale.
I am confused by the double negative in the abortion clinic example. (Although, I do understand that double negatives are quite popular now.) You seem to suggest that a local zoning board (an agent of the government/state) might block an abortion clinic from being built, that would be appropriate. I'm probably reading WAY too much into that hypothetical, because I actually know how those things work. If the abortion clinic is an otherwise appropriate use and conforms to the applicable standards, there's no legal reason for the local board to block it. I think you're saying that the local board would be justified in ignoring the law to block the clinic.
Or are you saying that, in that instance, the local board would actually BE the lesser magistrates?
Can you elaborate on that a bit? I'm sorry if I'm missing something.
"I am confused by the double negative in the abortion clinic example. (Although, I do understand that double negatives are quite popular now.)"
This seems unnecessary. Forgive me for not being more articulate.
Yeah, the local zoning board should deny it in their capacity as a board of lesser magistrates. Would that go smoothly? Of course not.