Aussie Law - Constitutional Interpretation

Presenter: Renato Costa

Overview

• Focus on methods of constitutional interpretation
• Effects of decisions on the unconstitutionality of laws
• High Court of Australia's interpretation approach

Key Concepts

High Court Approach

• Literal Approach:
  • Favours a wide interpretation of the Constitution's words
  • Results in narrow/formal characterisation of federal laws

Historical Methods of Interpretation

• Originalism:
  • Words have the same meaning as when the Constitution was enacted
• Intentionalism:
  • Words express the intention of the framers

Interpretation Challenges

• Words change meaning over time
• New meanings can be added
• Connotation vs. Denotation:
  • Connotation: Definition or essence of a concept
  • Denotation: Class of objects designated by the concept

Interpretation in Practice

High Court's Adoption

• Form of originalism:
  • Connotation: Must remain constant
  • Denotation: Can change

Significant Cases

• 1959 Case (Justice Windeyer):
  • Constitution's denotation should not be restricted to 1900s
  • Law should adapt to changing facts
• Street v. Qld Bar Association (Justice Dawson):
  • Essential meaning should remain constant
  • Words applied to new situations over time
• Payroll Tax Case:
  • Courts may vary principles in response to changing circumstances

Criticism

• Lack of specificity in the High Court's approach
• Questions over denotation in specific circumstances

Additional Resources

• Encouragement to subscribe to Aussie Law
  • Access to exclusive content
  • Engage with the community

Conclusion

• For further exploration, watch videos on the heads of power in the Constitution

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Note: The video emphasizes the importance of subscribing and engaging with Aussie Law for a deeper understanding of constitutional interpretation.