Question
Analyse the following remarks of Michael Detmold with reference to the case law on ss 92 and 96 of the Australian Constitution: 'Where there is
Analyse the following remarks of Michael Detmold with reference to the case law on ss 92 and 96 of the Australian Constitution:
'Where there is a choice of meaning (as there usually is), the practical question is not what the text means, but which meaning better serves the governance of the Commonwealth. Of course, the text has a very important status ... It is the authentic text, the one that all may look to for constitutional guidance: and the governance of the Commonwealth is not served by the invention of new text for then there would be no authentic text. It is the text and none other which is to be applied. But use and function, the practical questions, are primary over meaning.
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