Reflecting On The Law
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WHENEVER the state employs the penal law to enforce morality, criminalise vice or regulate personal autonomy, constitutional issues will arise. It is not surprising, therefore, that the Control of Tobacco Products and Smoking (CTPS) Bill is being subjected to critical parliamentary and public scrutiny. In the spirit of democracy, this scrutiny should be welcomed.
IN contrast to unitary states, a federation is marked by the existence of dual governments. There is a constitutional division of legislative, executive, judicial and financial powers between the central government and semi-autonomous state/provincial/regional governments. There is “self-rule plus shared rule”.