LLW2005 - Constitutional Law Interpretation Research Essay Writing - Law Assignment Help

Assignment Task -

In Constitutional Interpretation, how literally should the Constitution be read?

I. Introduction.

This research essay will explore Constitutional Interpretation and how literally the constitution should be read base on the interpretation of the document. Since this question only ask for constitutional interpretation and how crucial it is for the constitution to be well understood and clearly read by non-judges/citizens. There are two types of interpretation when assessing the constitutional interpretation in the case of Australian Constitution. First, those who literally believed in the first version of constitutional interpretation. This basically means viewing it as traditionally as it was since 1900s when Australia proclaimed political independent. Secondly, there is also non-literal interpretation to the constitution. The non-literal theory is a political maturity of which some people do not belief in what is in the constitution rather than seeing it differently with difference mindset.  This is what this essay intend to explore the most by contrasting the differences between those who literally take it upon themselves and those who don’t take it literally as it is in the paper.

The Constitution is the most important document which sets the rules on how nations should be governed. The constitutional interpretation requires clarity, understandable and most important of all is for the judges to define the terms so that it can be understand be understand by peers group.  The Constitution of the Commonwealth of Australia is a version of English Common Law system both historically and traditionally. The fact that the Constitution of the Commonwealth of Australia is culturally influenced by mother UK, so there are similarities or otherwise the entire constitution is a true version of Westminster in its original form. Therefore, it is critically importance that in the interpretation of the constitution, it should involve clarity and the constitution should also be understandable in order for the public to have a better understanding of the constitution.

This does not necessarily only applying to the Constitution of the Commonwealth of Australia, but universally. The constitution should have some significance clarities which shall set a smooth operations when it is literally to read base on the current it form.  In 1901, Australia become politically independent from UK the mother nation of Australia. The proclamation of the Commonwealth of Australia as a member State led to the birth of Australian Constitution. The question concerning interpretation of the constitution and how the constitution should be read usually requires critical thinking in relations to the contemporary international political arena. The constitution should clearly be interpreted.

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