Photo AI
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 Constitution Interpretation
Answer
The High Court plays a crucial role in interpreting the Commonwealth Constitution. Through judicial review, it has the authority to examine and decide on constitutional matters. The Court's decisions can impact how the Constitution is understood and applied in practice, thereby effectively altering its interpretation over time.
Step 2
Limitations on Changing the Words of the Constitution
Answer
Importantly, the High Court does not have the power to amend the wording of the Constitution itself, as the Constitution stipulates a specific process for amendments. This process requires a referendum, where proposed changes must be approved by a majority of voters across the states and territories.
Step 3
Judicial Precedent and Its Influence
Answer
The High Court also relies on past decisions and the principle of precedent, which means that its interpretations can evolve. Changes in societal values and norms can lead the Court to adapt its interpretations, further influencing the practical application of constitutional provisions.
Step 4
Waiting for a Case to Address Constitutional Issues
Answer
Before the High Court can interpret the Constitution, a relevant case must be brought before it. The parties involved must have standing, meaning they must demonstrate a direct legal interest in the case. This serves as a check on the Court's power to interpret constitutional issues.
Step 5
Conservative Interpretation Approach
Answer
Often, the High Court may adopt a conservative approach in its interpretations, ensuring that the fundamental principles of the Constitution are upheld. This cautious stance reflects the Court's recognition of the Constitution as a unique document that requires stability and consistency in its application.