'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
Question 3
'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
Step 1
Explain why High Court decisions cannot change the wording of the Commonwealth Constitution
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Answer
The statement is incorrect because the High Court does not have the authority to alter the actual text of the Commonwealth Constitution. Changes to the Constitution can only be made through a referendum process, which requires a majority of voters to approve the amendment.
While the High Court plays a critical role in interpreting the Constitution, its power is limited to providing definitions and expanding or narrowing the scope of its wording. This means that the Court can affect how certain provisions are applied, but it cannot modify the written text itself. Thus, justices can influence constitutional interpretation but cannot rewrite or amend the Constitution.