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What makes a law a problem law

Disliking a law is not enough. Plenty of law is merely bad policy, and the movement is not a complaints box. A record enters this library only when it does something structural: it damages the mechanism by which citizens govern themselves.

The tests

A candidate has to do at least one of these, and the record has to say which:

  1. It withholds the public record. It lets an agency refuse, redact, or indefinitely delay material the public has a right to read, with no clock and no penalty for stonewalling.
  2. It exempts the writers. It applies a rule to the country and not to the body that passed it.
  3. It moves public money out of sight. It authorises spending, settlement, or transfer that is not attributable to a named decision-maker.
  4. It removes a check. It strips oversight, judicial review, or a required vote from a process that previously had one.
  5. It narrows the franchise or due process. It makes it harder to vote, to be heard, or to contest a decision.
  6. It hands access to someone unaccountable to the public. Foreign or private access to systems the public paid for and cannot inspect.

What is deliberately not a test

  • Which party passed it. The library contains laws passed under both, and the badness rating has no party term in it anywhere.
  • Whether it was unpopular. Unpopular and undemocratic are different claims. This library makes the second one.
  • Whether we can prove the intent. We record what the law does. Intent is an argument; text and effect are the record.

The frozen key

Every record gets a key the first time it is created — a lowercase, underscored slug — and that key never changes again. Titles can be improved, ratings can move, sources can be added. The key is the identity, because a link somebody shared two years ago has to still resolve to the same law.