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'High Court decisions can change the wording of the Commonwealth Constitution.' Explain why this statement is incorrect. - VCE - SSCE Legal Studies - Question 3 - 2003 - Paper 1

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'High Court decisions can change the wording of the Commonwealth Constitution.' Explain why this statement is incorrect.

Worked Solution & Example Answer:'High Court decisions can change the wording of the Commonwealth Constitution.' Explain why this statement is incorrect. - VCE - SSCE Legal Studies - Question 3 - 2003 - Paper 1

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Explain why the statement is incorrect

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Answer

The statement is incorrect because High Court decisions cannot change the actual wording of the Commonwealth Constitution. Only a referendum can amend the Constitution itself.

While the High Court has the authority to interpret the Constitution, its rulings affect the application and understanding of the law rather than altering the text. This means the Court can expand or narrow the scope of the meaning given to constitutional provisions, but it cannot modify the words as they are written in the document.

Therefore, any change to the wording must go through the process stipulated in Section 128 of the Constitution, which involves a majority vote in a referendum to ensure that such significant alterations are directly supported by the electorate.

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