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All ▸ Bar 2024 ▸ POLITICAL AND PUBLIC INTERNATIONAL LAW ▸ IV. JUDICIAL DEPARTMENT ▸ B. Judicial Review ▸ 3. Operative Fact Doctrine

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Question

Judicial Review: Operative Fact Doctrine

Scenario:

In a controversial case involving a newly enacted law, the Supreme Court declared the law unconstitutional due to its violation of fundamental rights protected under the Constitution. The law had been in effect for several years and had significantly affected the lives of many individuals, both citizens and non-citizens alike.

Question:

Discuss the concept of the Operative Fact Doctrine in relation to the Supreme Court's declaration of unconstitutionality of the law. What are the implications of this doctrine on the rights and obligations of the individuals who were affected by the law during its period of enforcement? Cite relevant laws, jurisprudence, and principles to support your answer.


Answer

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