Public Declarations.

generalmental

Hi all. I have been wondering something.

If you make a Public declaration on the basis of gaining employment. I.E A politician declaring he/she will do something once they get into office if the people vote for them..

Does this then become a Contract between the politician and the said voters if the person gets into office on the basis of the people voting for politician on the strength of their declaration.

Bepolite

Given the last 2500 or so years of democracy, what do you think?

It's certainly not any form of contract; legally binding in any other sense - I very much doubt it.

generalmental

Bepolite wrote: »

Given the last 2500 or so years of democracy, what do you think?

It's certainly not any form of contract; legally binding in any other sense - I very much doubt it.

Ok but how come if you walk into a bank and shout I'm going to rob this bank you are going to be arrested know matter how many times you say that you were joking.

Carawaystick

generalmental wrote: »

Ok but how come if you walk into a bank and shout I'm going to rob this bank you are going to be arrested know matter how many times you say that you were joking.

Because lying politicians make the laws;)

Five Lamps

generalmental wrote: »

Hi all. I have been wondering something.

If you make a Public declaration on the basis of gaining employment. I.E A politician declaring he/she will do something once they get into office if the people vote for them..

Does this then become a Contract between the politician and the said voters if the person gets into office on the basis of the people voting for politician on the strength of their declaration.

Not at all. Every voter should know that a manifesto is what a politician would do in an ideal set circumstances if they prevail. In reality, no politician can predict the future and many goals are either unachievable or require compromise.

Bepolite

generalmental wrote: »

Ok but how come if you walk into a bank and shout I'm going to rob this bank you are going to be arrested know matter how many times you say that you were joking.

That's an assault amongst other things.

Bepolite

Five Lamps wrote: »

Not at all. Every voter should know that a manifesto is what a politician would do in an ideal set circumstances if they prevail. In reality, no politician can predict the future and many goals are either unachievable or require compromise.

Agreed but to play devil's advocate what is the politician says "I will do X no matter what" for example, "I will lower the higher rate of income tax by 1% this year no matter what". Is any form of legitimate expectation formed?

Five Lamps

Bepolite wrote: »

Agreed but to play devil's advocate what is the politician says "I will do X no matter what" for example, "I will lower the higher rate of income tax by 1% this year no matter what". Is any form of legitimate expectation formed?

Well then you could discount them at the ballot box. Nobody can make promises like that!

Victor

Bepolite wrote: »

Agreed but to play devil's advocate what is the politician says "I will do X no matter what" for example, "I will lower the higher rate of income tax by 1% this year no matter what". Is any form of legitimate expectation formed?

(Suspect) legitimate expectation trumped by statute.

Bepolite

Victor wrote: »

(Suspect) legitimate expectation trumped by statute.

If you have it off hand I'd be obliged for the link.

Victor

Bepolite wrote: »

If you have it off hand I'd be obliged for the link.

Not sure I understand. The Finance Acts trump any political promises.

Bepolite

Victor wrote: »

Not sure I understand. The Finance Acts trump any political promises.

I thought you were referring to some piece of legislation that allowed ministers not to be held to what they said. I see what you mean now. However not withstanding that we're seeing a 1% decrease in the next budget supposedly, aren't we? The form of the example shouldn't too seriously, I'm asking whether a legitimate expectation can be formed - please feel free to come up with better examples :pac:

OP Even in contract law there is the allowance for 'puff'. If we need to torture the contract analogy, there's the out for them right there.

generalmental

Thanks for all the answers, I was just wondering why some people can tell lies and get away with it but if different people tell lies it can be construed as defamatory.

I just thought we were all equal but seems some are more equal than others.

Bepolite

generalmental wrote: »

Thanks for all the answers, I was just wondering why some people can tell lies and get away with it but if different people tell lies it can be construed as defamatory.

I just thought we were all equal but seems some are more equal than others.

You're not really talking about defamation though. In truth we are all equal and we all do it. We all exaggerate just a wee bit. I think what you're looking for is for politicians to be held to a higher standard, which of course they should. Ironically what we have is equality.

generalmental

Bepolite wrote: »

You're not really talking about defamation though. In truth we are all equal and we all do it. We all exaggerate just a wee bit. I think what you're looking for is for politicians to be held to a higher standard, which of course they should. Ironically what we have is equality.

Yes that's probably it. I just can't think of any other example apart from lying under oath and the consequences of that.

If you say bomb on a plane your breaking terrorism laws. So politicians can say what they want and get away with it.

Would love to see a situation where what they say does have a legal standing but that only happens in dreams.

234

generalmental wrote: »

Thanks for all the answers, I was just wondering why some people can tell lies and get away with it but if different people tell lies it can be construed as defamatory.

I just thought we were all equal but seems some are more equal than others.

It's not the people that are different, it's the nature of the lie.

Obviously for the vast majority of lies that we all tell on a regular basis there are no legal repercussions. However, if your lie constitutes an offence then obviously you are going to be arrested; there is a clear qualitative difference between threatening to rob a bank and making claims that nobody believes you will keep to.

Defamation is different again, the reason that the law gets involved with those particular lies is because we all have a right to a good name and the lies that others publish about us could injure this good name.

As a contract aside, there would obviously be issues with intention to create legal relations, legality, not to mention proof of acceptance.

brownej

If there were an implied contract between a politicians election promises and the electorate would this not be illegal if there were a financial gain for the voter?
Would it not consitute buying votes (election rigging)?

Peregrinus

generalmental wrote: »

Hi all. I have been wondering something.

If you make a Public declaration on the basis of gaining employment. I.E A politician declaring he/she will do something once they get into office if the people vote for them..

Does this then become a Contract between the politician and the said voters if the person gets into office on the basis of the people voting for politician on the strength of their declaration.

No, it's not an enforceable contract, and in fact entering into a contract with somebody under which you will vote for him in a public election in return for him doing X and Y and Z is a corrupt electoral practice.

What you have here is not a contract; it's a political mandate. The voter's saction, if he feels the mandate has not been observed, is to vote for someone else the next time.

generalmental

Peregrinus wrote: »

What you have here is not a contract; it's a political mandate. The voter's saction, if he feels the mandate has not been observed, is to vote for someone else the next time.

But the problem here is that you have to wait a few years to get rid of the lying bacstard

Peregrinus

generalmental wrote: »

But the problem here is that you have to wait a few years to get rid of the lying bacstard

Revenge is a dish best served cold!

Bepolite

Peregrinus wrote: »

Revenge is a dish best served cold!

It's very cold in space...