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Sunday, August 21, 2011

[ALOCHONA] removal of care taker gov provision illigal, court cannot



What does it mean to say that Parliament is legislatively supreme?
 
The doctrine of the legislative supremacy of Parliament means exactly what it says: when it comes to lawmaking (or, in other words, legislating) Parliament is supreme in the sense that there is nobody who can limit what Parliament does by telling it what it either must or must not do.

The most important aspect of this is that the courts cannot quash an Act of Parliament.

However, it is important to understand that the doctrine deals only with the absence of legal constraints on what Parliament does. In addition to legal constraints there are, of course, moral and political constraints.

Moral constraints are relatively unimportant in purely practical terms because it is highly unlikely that Parliament would wish to do anything which is plainly immoral (for example, authorising genocide).

Political constraints are much more important in practical terms because governments wish to be re-elected; and they realise that the electorate's view of the legislation which they persuade Parliament to pass while they are in office can have a major impact on their chances of re-election.
 
(the above is copied from the handout of the University of Reading - UK, the introduction of law.)


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