Constitutional limits on supreme legislation operate through legal disabilities rather than duties
Evidence
A constitution which effectively restricts the legislative powers of the supreme legislature in the system does not do so by imposing (or at any rate need not impose) duties on the legislature not to attempt to legislate in certain ways; instead it provides that any such purported legislation shall be void. It imposes not legal duties but legal disabilities. ‘Limits’ here implies not the presence of duty but the absence of legal power. — HLA Hart, The Concept of Law (Clarendon Law…, 261
Categorization
- corroborated: 2 independent passages support this claim — HLA Hart, The Concept of Law (Clarendon Law…, 261
- XREF: connects to: Certain laws provide facilities for realizing wishes instead of imposing duties. — HLA Hart, The Concept of Law (Clarendon Law…, 175; Courts have the essential duty to interpret conflicting laws and constitutions — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 481; Written constitutions require that any repugnant legislative acts are void — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 480 (+3 more)
Broader Connections
- Courts have the essential duty to interpret conflicting laws and constitutions
#complicates(0.75) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 481 - Written constitutions require that any repugnant legislative acts are void
#corroborates(0.65) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 480