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HFL1501 Assignment 06 Semester 02 2023 COMPLETE ANSWERS – Due 25 OCTOBER 2023
HFL1501 Assignment 06 Semester 02 2023 Complete Answers in accordance to the questions provided within your given assignment
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Question 1
1.1 There are three levels of acceptance of constitutionalism. The first level completely rejects constitutionalism, stating that the will of the majority in a democracy cannot be limited by a constitution. The courts have no authority to assess the decisions made by the parliament. The second level partially recognizes constitutionalism, acknowledging that parliament is supreme. The courts can only examine whether the proper procedures were followed in passing legislation, but they cannot question the content or consequences of the laws. The third level fully acknowledges constitutionalism, affirming that the constitution is the highest authority. The courts have complete power to test the passing procedures and content of legislation against the constitution.
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