Page:NCGLE v Minister of Home Affairs.djvu/75

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Ackermann J



    decision.

    Still, a court must implement a remedy which acts as a ‘starting point’ for legislative review.” [Footnotes omitted]

    See also Bruce Miller “Constitutional Remedies For Underinclusive Statutes: A Critical Appraisal of Heckler v Mathews” above n 97, and Nitya Duclos and Kent Roach “Constitutional Remedies as Constitutional Hints—A Comment on R v Schachter” in 36 McGill Law Journal/Revue De Droit de McGill (1991) 1, for illuminating discussions on this general topic.

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