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Meaning, Theory and the Interpretatation of Constitutional grants of power

journal contribution
posted on 2023-05-17, 23:15 authored by Stokes, MD
The High Court has often interpreted grants of power by determining the essential meaning of the terms in which the grants are formulated. This approach appears to have the advantage of certainty and objectivity. However, it may make interpretation too rigid. Grants of power have certain inherent features which push the Court towards a more fl exible approach in which it exercises a choice to bring a new phenomenon within power by the way in which it baptises or names it. The article considers the extent to which two philosophical theories of meaning, criterialism and semantic realism, can reconcile this baptising approach with an essential meaning approach to interpretation. It concludes that both theories are limited in the extent to which they allow terms to extend to matters not in the contemplation of their users so that neither is capable of introducing the type of fl exibility into the essential meaning approach which may be needed to reconcile it with the baptising of new phenomena so as to bring them within power.

History

Publication title

Monash University Law Review

Volume

39

Pagination

319-347

ISSN

0311-3140

Department/School

Faculty of Law

Publisher

Monash University Faculty of Law

Place of publication

Australia

Rights statement

Copyright 2013 Monash University

Repository Status

  • Restricted

Socio-economic Objectives

Justice and the law not elsewhere classified

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