Abstract
In this article, the author argues that certain types of constitutional interpretation in Australia have become far too unmoored from the written constitutional text and its intended meaning, the reductio ad absurdum of such unmoored general approaches being the recent High Court of Australia case Brown. The author therefore asserts that there is a serious problem with some types of constitutional interpretation in Australia that have evolved to a point where we can observe few if any outside constraints on the outcomes available to top judges. The author finishes, briefly, by considering what can be done about this state of affairs.
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