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Words: | Submitted: Wed Nov 16 2005
... a judge can refuse to apply any law on the bases is unconstitutional whereas in the UK no one can question an act of parliament and judges cannot refuse to apply and act. An example of this was at a period in time when segregation was still around. This instance a black boy was not allowed to go to a white school, the judge refused to uphold the law because it was unlawful. Parliament supremacy can be justified by its democratic law making process. This involves electing MP's on behalf of their constituency, so that once elected they act on their behalf of the voters in parliament. There is evidence for and against parliament being supreme. One of them is for example Cheney v Conn. This is when a party tried to declare that the Finance Act was in fact illegal. Judges said: "It is not for a court to say ...
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