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Legal obligation on the government.

Re: Legal obligation on the government.

Postby Hairyloon » Thu Jan 12, 2017 8:14 pm

dls wrote:
Clearly a court can be asked if the law does actually say that that thing needs to happen, but if it does, then what order can the court make?


Clearly a court can be asked anything, but there are only a range of answers it can give - including in this case a clear refusal to make any such order.

Would it rule on the point of law, and refuse to give an order, or would it refuse to rule on the point?
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Re: Legal obligation on the government.

Postby dls » Thu Jan 12, 2017 8:16 pm

If posed in teh terms you suggest, it would say that this was, perhaps, a daft question.

Parliament is not the government. The government is not Parliament.
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Re: Legal obligation on the government.

Postby Hairyloon » Thu Jan 12, 2017 11:22 pm

dls wrote:If posed in teh terms you suggest, it would say that this was, perhaps, a daft question.

Parliament is not the government. The government is not Parliament.

True, but some things the government must do and can only do after a vote by parliament, so I am not entirely clear on your point.
We can probably assume that an application to the court would be worded a little more carefully than a casual query to an internet forum.
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Re: Legal obligation on the government.

Postby dls » Fri Jan 13, 2017 8:13 am

Your assumption is correct. It would be carefully phrased so as not to pose the question you do.
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