Well, I doubt there are fundamental differences, but a lawyer might disagree. I believe any form of law system needs to reflect our intuitive fairness or it will fail at some point. It is of course imperfect, like any crafted law, but fundamental for the acceptance of the judiciary. If the law is applied with help of precedents or text doesn't matter that much in the end.

But besides the point, requiring every citizen to be able to ID himself with biometric data is the bug, not a solution to anything.

Something national socialists knew very well. Although technologically restricted, there are unmissable parallels to legislation like this. This is legislation crafted from fear and opportunism. Not a single problem will be solved.