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Crafty Serpent

Secondary Rules

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The Problem With the Constitution and the Courts

We have a contest between the law as represented in the constitution, he says. So when the high courts uses the constitution to strike down a piece of legislation, they are using their interpretation of the constitution, argues Mr Abbott. "There is a clear context there between those two democratic mandates" He adds that people like Jeremy Waldron would be concerned about preferring the dead hand of the past over the recent say of the voters.

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