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The argument isn't party political. It is an old debate about how we're governed in a democracy under a rule of law.

Does a parliamentary majority trump everything. The answer is "no" - as Coke CJ pointed out to James I, or Quentin Hogg's parliamentary dictatorship analogy.

If you or I are unhappy about an executive decision we can ask the judges to tell us or the executive who is right. My guess is more often than not we will be told to go away, and if we're not it will more often than not be because the executive has not thought its solution through properly. When it has, it will get its way.

The judges don't create this business. All judging is reactive. Once a question is asked they have no option but to answer it to somoe's dissatisfaction. Sore losers, of whatever complexion, are never the best judges.

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