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Flashcards in Constitutionalism Deck (14):
1

Griffith

Law is not and cannot be substitute for politics

Politics of Judiciary (1969)

2

Tomkins

- Parliament will always have greater democratic legitimacy than the courts

3

Laws

True sovereignty with constitution, parliament have political sovereignty

4

Spath Holme (2000)

Courts seek to ascertian intention of parliament and give effect to it

5

Person (1998)

L. STEYN: Assumption that does not legislate in vacuum

6

Witham (1998)

Broadly worded legislation to be read down

7

Feldman

CL 'Foster, develop, enhance'
Golden rule

8

Thoburn

Constitutional statutes

9

Jennings test

- Precedent
- Relevant actor feel bound?
Is there good constitutional reason?

10

Dicey

Re Resolution Canada Case backs Dicey's legal convention distinction

11

Sir Ivor Jennings

Watt (1995) Not all legal provisions subject to legal enforceability

12

Munro

Backs Dicey
- Breaches of law do not q. validity

13

Madzimbamuto

o PC held a convention has no legal effect in limiting legislative power of parliament

14

Jonathan Cape (1976)

Conventions considered when interpreting law
Held to be relevant in deciding where public interest lay