Q. When does the burden of new legislation become a hinderance to the practice and general viability of the legal system?
A. Once the ability to sustain enforcement of statues outweighs the capabilities of the relevant authority, effectively replacing any expectation of civil obedience with a reality of nihilist and anarchical behavior. The arbitrary adherence to either statute or enforcement creates an untenable question mark against democratic authority, rather placing the onus of monitoring acceptable behavior in the hands of power over majority.
Q. Can an arbitrary system of enforcement exist within a codified legal framework?
A. The one is in direct conflict with the other. When enforcement decides which statutes to prosecute civil liberties are place in question. In democratic environs only a duly elected assembly or individual may approve governances. Such statues hold equal precedence with the authority designated for enforcement, weighting must be left to unbiased arbitration, an effective independent court system.
Within such an effective legal hierarchy all components must be independent, separate and controlled, their authority and practices closely monitored and authorized by directive. An individual representing the enforcement strata can have no prosecutorial authority, or equally any position in the defending authority. Individuals making judgments, or overseeing jurist procedure, must be independent and unbiassed, socially, politically, and monetarily. All phases of such hierarchies should be fully transparent and include an integral vetting system than in itself must be wholly separate from interference or pressure from any other branch.
The greatest enemy of civil liberty and therefore democratic government is corruption in any form, from the subtlety mild to the blatantly fiery. The defenses against corruption are simplistic, the independence of each component in the construct, excellent democratic oversight, the placement of well-meaning qualified individuals in each and every strata and the popular will to correct fault and error immediately and without prejudice.
This democratic republic has such a system in place, a hierarchy that should prosper now and in the future if allowed to function as designed by its wise calligraphers and carefully adapted by following generations.