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Words: | Submitted: Mon Jun 19 2006
... law passed by a simple majority is equal in standing to one that is passed unanimously. The negative limb emphasizes that the legality of an Act of Parliament cannot be challenged by a British court: it is not therefore up to a court to declare an Act invalid even if it applying it would lead to injustice because to do so would be to go against the intention of Parliament as expressed in the text of the act and hence violate its supremacy. The correct way for an unjust Act to be remedied is not through the common law but again through Parliament by way of an amending Act. The courts therefore are not only to refrain from questioning the subject matter of an Act but also to inquiring "into the mode in which it was introduced"1: if an Act has been passed improperly the courts are still bound to enact ...
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