Overview
- Bad-faith interpretations of the Legal Principle occur when people intentionally try to twist its application so that they aggress against another.
- A person acting in bad faith intentionally constures their position to appear as complying with a legitimate 3L Philosophy analysis.
- Certain people to intentionally misapply the “substantial risk” aspect of the Legal Principle to attempt to defeat the proper meaning and spirit of the Legal Principle. Any aspect of the Legal Principle could be twisted and contorted in this way in bad faith to achieve an outcome contrary to the 3L Philosophy.
- Some people will prefer to aggress against others for whatever reason will envision all varieties of bad faith legislation to effectively sidestep the Legal Principle. We, therefore, need to consider the viability of supra-jurisdictional higher or supreme courts employing substantive due process as a review mechanism where local communities rules violate the Legal Principle.