Constitutional Interpretation

Question 1

Overview Of Interpretative Approaches

Answer 1

• The 1937 Constitution is a broadly-phased and inherently vague legal and political document which regulates the government of the State by providing it with a legal structure and setting out fundamental rights for citizens.
• Certain Constitutional articles appear at first glance to be perfectly clear, plain and unequivocal, but once they are inserted into a particular context they soon become unambiguous, unclear and complex, allowing for a lack of ambiguity.
• It is pivotal/crucial to be aware of the fact that all of the FIVE interpretative methods have been deployed in the past and remain available to the usage of the courts to this day.

+ THE PEOPLE (DPP) v. O’SHEA =
- This seminal case provided a couple of very useful insights which led to the formulation of a general guidance when it comes to the interpretative methods and their use.
- The Court determined that when a certain article is plain and clear, the literal approach must be applied. However, when there is space for doubts and ambiguity, regard must be have to the other provisions of the Constitution.