Fix this text
XMTERPRETATIOW
Fix this textHow should we interpret a Constitution* which
Fix this textis after all a frame of Governments Should we interpret it
Fix this textas if it were an ordinary Act of Congress or of Parliament -
Fix this textthat is to say, narrowly and literally? That is to say as
Fix this textif it were a Police Ôf fences Act. I don’t think that anybody
Fix this textwill support this view of interpretation. Indeed if the High
Fix this textCourt of Australia had supported it, the meaning attached and
Fix this textal
Fix this textthe operation given to the Defence Power or even the Post/and
Fix this textTelegraphic power would have been very different from what
Fix this texthas in fact been the case. In the case of the Defence Power
Fix this textI’ll come back to this at a later stage in these lectures.
Fix this textSo that the first principié to be narrow and literal and
Fix this textrestrictive must, I think, be rejected. Indded your Supreme
Fix this textCourt long ago rejected it and so has the High Court of
Fix this textAustralia.
Fix this textWell there is a second possible way of
Fix this textinterpreting the Constitution. Should we interpret the words
Fix this textloosely and politically? If politically, that is to say
Fix this textresponding to the currents of social opinion, then interpretations
Fix this textwill fluctuate according to the political complexion of the
Fix this textjudges, I make no criticism of anything that happens in this
Fix this textgreat country when I say that I reject this notion because I
Fix this textw
Fix this textagree with something I will quote from Mr. justice Dixon
Fix this textIt's easy and takes two shakes of a lamb's tail!
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