Constitutional Interpretation Methods

Introduction

• Importance of constitutional interpretation in countries with rigid constitutions (e.g., Australia).
• Structure and legal system depend on the meaning of constitutional provisions.
• Focus on methods used by the High Court of Australia.

Methods of Constitutional Interpretation

1. Textual Interpretation

   • Focuses on the words and phrases used in the Constitution.
   • Relies on the ordinary meaning and usage of words.
   • Places confidence in the Legislator’s choice of words to convey specific intentions.
   • Literalism: emphasizes the actual words used in the Constitution.

2. Historical Interpretation

   • Seeks to understand the Constitution based on the intended meaning at the time of enactment.
   • Two strands:
     • Intentionalism: Focuses on the intention of the Legislators when writing the Constitution.
     • Originalism: Looks at how the Constitution was understood and applied at the time of enactment.

Summary

• Textual Method: Interprets based on the literal meaning of words and phrases.
• Historical Method: Considers the historical context and divides into:
  • Intentionalists: Based on the framers' intentions.
  • Originalists: Based on how it was understood and applied historically.

Conclusion

• Understanding these methods is crucial for interpreting the Australian Constitution.
• Encouragement to explore these methods further for a comprehensive understanding.