Question 14 - Short Essay Question a) To what extent can it be argued that the Judiciary is a useful restraint on the executive and legislature in your country? You should, in your answer, refer to specific sources of law and where possible to Pacific Island cases in which these have been applied. b) "In my view, it serves little purpose to characterize the proper approach to constitutional (construction) as liberal, generous, purposive or the like. These labels do not in themselves assist in the (construction) process and carry the danger of introducing concepts or notions associated with them which may not find expression in the Constitution itself. Far more useful to recognize that because the Constitution is the supreme law of the land against which all law or conduct is to be tested, it must be examined with a view to extracting from it those principles or values against which such law or conduct can be measured". Qozoleni v. Minister of Law & Order & Another (1994) 1 BCLR 75 (Supreme Court, Eastern Cape Division, South Africa). Critically examine this view in the light of constitutional construction in the South Pacific. How have the courts in the region approached constitutional construction? Do the constitutions or some of them, prescribe what approach to be take in the construction process? In your answer, analyse fully, with particular emphasis on fundamental rights and relying on cases and judicial authorities, how Constitutions are being construed and why preferences, if any, are being given to some approaches and not others