TASK: MAKE CONSTITUTIONAL LAW ARGUMENTS

The question is based on the 2006 workchoices case

Question 3 (15 marks)

1. Relying on your analysis above, and any other case law and secondary material that is relevant and helpful, answer the following question: 5 The majority judgment and Kirby J's judgment in the WorkChoices case present two different approaches to constitutional interpretation. In using a range of interpretive principles and take different factors into account, the judgments illustrate how varied approaches to constitutional interpretation can lead to different outcomes.

Which approach or approaches to interpretation do you prefer and why? It will help you to answer this question if you use your answers to Questions 1 and 2 to identify principles of constitutional interpretation used in the two judgments and consider the impact of those principles on constitutional decision-making in general.

In your answer, you may discuss approaches to constitutional interpretation that do not appear in the extracts you have been asked to read as long as your discussion of these approaches is directed at answering Question 3.