I'd actually like to see a constitutional amendment in the US that puts a fixed, mandatory sunset provision on all legislative acts.
Legislatures would be required to positively reaffirm any existing statutory laws within a mandated interval before their expiration in order for them to remain in force.
This would alter the political incentives just enough to allow a great deal of bad policy to expire quietly without legislators risking the consequences of being actively engaged in a repeal campaign.
I resume there'd be a strong tendency toward maintaining the stability of commercial law, where needed, and preference for common law and equity above statutes. I guess for the same reasons so many companies choose to incorporate in Delaware today.
Given the increased power of the judiciary in this scenario, what should be done about bad judicial precedents? I can't see a sunset clause working there.
Legislatures would be required to positively reaffirm any existing statutory laws within a mandated interval before their expiration in order for them to remain in force.
This would alter the political incentives just enough to allow a great deal of bad policy to expire quietly without legislators risking the consequences of being actively engaged in a repeal campaign.