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Discuss the extent to which the High Court can change the Commonwealth Constitution. - VCE - SSCE Legal Studies - Question 9 - 2014 - Paper 1
Question 9
Discuss the extent to which the High Court can change the Commonwealth Constitution.
Worked Solution & Example Answer:Discuss the extent to which the High Court can change the Commonwealth Constitution. - VCE - SSCE Legal Studies - Question 9 - 2014 - Paper 1
Step 1
The High Court's Role in Interpretation
Answer
The High Court plays a crucial role in interpreting the Commonwealth Constitution. Through its interpretations, the Court can effectively add meaning to the Constitution. This mechanism allows the High Court to influence constitutional law without formally changing the text of the Constitution itself. For example, cases concerning the implied rights have demonstrated how the Court can expand or reshape the understanding of constitutional provisions.
Step 2
Limitations on Changing the Constitution's Words
Answer
The High Court does not possess the authority to amend the actual words of the Constitution. Changes to the Constitution's text are bound by the specific procedure outlined in Section 128, which requires a referendum. Thus, while the High Court can interpret the Constitution, altering its language must follow a democratic process.
Step 3
Waiting for a Case to Interpret
Answer
Before the High Court can exercise its power to interpret the Constitution, a relevant case must be brought before it. This means the Court can only act when an actual dispute arises, in line with its judicial role. This principle underscores the importance of having cases that challenge or seek clarification on constitutional issues.
Step 4
The High Court's Discretionary Nature
Answer
The High Court often chooses to exercise caution when interpreting constitutional provisions. This conservative approach can affect the extent to which the Court is willing to expand constitutional interpretation, ensuring stability and adherence to established legal principles.
Step 5
Conclusion on Changing the Commonwealth Constitution
Answer
In conclusion, the High Court significantly influences the interpretation of the Commonwealth Constitution but is limited in its ability to change its text. The mechanisms for changing the Constitution are deliberate and require a public vote, emphasizing the importance of citizen involvement in constitutional amendments.