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Compare And Contrast The Constitutional Principles Of Offences Under The Race Relations Act 1965

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Compare And Contrast The Constitutional Principles Of Offences Under The Race Relations Act 1965
The idea that the courts could decline to apply a statute on the basis that it violated fundamental constitutional principles seems to be flatly opposed by authority. For example, the question of finding a statute to be void was promptly dismissed in R v Jordan . The defendant was sentenced to 18 months’ imprisonment for the offences under the Race Relations Act 1965. He applied for legal aid to apply for a writ of habeas corpus on the ground that the Act was invalid as being a curtailment of free speech. Held, dismissing the application that parliament was supreme and there was no power in the courts to question the validity of an Act of parliament and that such ground of the application was unarguable.
However, such decisions highlights the

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