D'rok
Free Barbarian on The Land
- Joined
- Dec 29, 2006
- Messages
- 6,399
Cite the specific case, please.A Statute is proved to be unlawful when it is challenged in a court of law, under the law of this land, and found to contradict the law of this land. The judge of the court decides it. Since judges (and not politicians) are there to decide on matters of law. That is what judges are for.
The Parliament is then forced to repeal the Statute. This happened recently in the UK with a police policy of stopping and searching people. Which was proved to be UNLAWFUL. The Statute had to be repealed on that. Because the Statute was UNLAWFUL.
Interestingly, the above description is not too far off the mark as a description of what happens in a constitutional democracy. Just substitute "unconstitutional" for "UNLAWFUL". Of course, Especially doesn't understand what constitutions are, and he will insist that the law of the land is the common law (which he also doesn't understand) rather than, say, the US or Canadian constitutions.
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