Flashcards in Constitutionalism Deck (14):
Law is not and cannot be substitute for politics
Politics of Judiciary (1969)
- Parliament will always have greater democratic legitimacy than the courts
True sovereignty with constitution, parliament have political sovereignty
Spath Holme (2000)
Courts seek to ascertian intention of parliament and give effect to it
L. STEYN: Assumption that does not legislate in vacuum
Broadly worded legislation to be read down
CL 'Foster, develop, enhance'
- Relevant actor feel bound?
Is there good constitutional reason?
Re Resolution Canada Case backs Dicey's legal convention distinction
Sir Ivor Jennings
Watt (1995) Not all legal provisions subject to legal enforceability
- Breaches of law do not q. validity
o PC held a convention has no legal effect in limiting legislative power of parliament