Question
In aiming to keep legislation aligned to the values and principles in our Constitution, the courts may employ a variety of different techniques to ensure
In aiming to keep legislation aligned to the values and principles in our Constitution, the courts may employ a variety of different techniques to ensure that unconstitutional legislation is avoided. This is important because in some instances, where a court declares legislation invalid, such legislation is no longer applicable and it could create a gap in our law.
In great detail set out the limits of corrective interpretation of constitutional review in detail by discussing what "reading-down", "reading-up", "reading-in" and "severance" refer to. You may refer to applicable case law and legislation as examples of how these measures were applied.
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