Unconscionable Law

The constitution should authorise the courts to rule that a dispute is political, and allow them to decline to authorise enforcement proceedings, where they consider that

  • the law in question is unconscionable
  • reasonable attempts have been made to get it reformed through normal political processes
  • the failure of those attempts is the result of shortcomings in the political system.
edited on Apr 2, 2015 by Malcolm Ramsay
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