5.9 No discretionary enforcement

Most modern enforcement relies on selective attention: police prioritise some groups, regulators target some industries, and tax authorities audit some categories of people more than others.

Under the NDP, enforcement must be rule‑driven rather than strategy‑driven. The State may respond to evidence of specific rights violations, objective risk, urgency, and severity, but it may not choose enforcement targets according to political priorities, demographics, industry identity, wealth, status, location, or administrative preference.

• Enforcement must be uniform, rule‑driven, and non‑discretionary.
• Agencies may investigate specific acts, evidence, risks, and harms, but not favoured or disfavoured classes of persons.
• Predictive policing, targeted audits, and selective crackdowns become unconstitutional when they target categories rather than evidence of specific violations.

This forces a shift from enforcement as strategy to enforcement as mechanism.