Rehan says a party with a majority can make any law it likes — that is what a majority means
Rehan says a party with a majority can make any law it likes — that is what a majority means. Tanya says limits remain even with a majority. Who is right?
Who do you think is right? Pick one.
The answer: Tanya is right
Why
Rehan has understood the most important thing about a majority: it really does let a government pass its programme, and a government without one struggles to pass anything. What he has not yet met is the ceiling above it. The Constitution sets out fundamental rights, and a law that takes them away can be struck down by the courts no matter how many members voted for it. Some changes need far more than a simple majority, and the courts have held that certain basic features cannot be amended away at all. The reason is worth holding on to: a majority today can become a minority tomorrow, and those limits are what protect whoever is outnumbered next. Test: look up a law that Parliament passed and the Supreme Court later struck down. Tanya is right — a majority decides what may be done within the Constitution, not whether the Constitution applies.
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