III A MATTER OF INTERPRETATION A Text, Context, Society: The Implied Freedom and Progressivism In regard to the implied freedom of political communication, Aroney argues that the Court’s finding in was carefully reasoned in order to provide a direct or implication of ACTV ‘necessary’ the freedom from application of traditional methods of to the text or ‘the legal reasoning’ structure of the instrument, consistent with the case, rather than an ephemeral appeal Engineers to external conditions or social values. For example, Mason CJ cautioned that any implication through structure must be and or practically necessary for the ‘securely based’ ‘logically preservation of the integrity of that structure’. This was assisted through the Court giving theoretical content to the idea of representative government, where the legislators are chosen by the people. The Court consequently argued that representative government implies full and free communication of policies, ideas and opinions between electors to function effectively. It should be noted that interpretation of representative government as involving effective function through free communication is itself a value-laden approach. It is possible to conceive of an ineffective representative government, and the Constitution makes no comment on the necessary quality of the representative government. So even though the freedom of political communication is arguably a textual and contextual implication necessary for the proper functioning of the instrument, it also seems that this
III A MATTER OF INTERPRETATION A Text, Context, Society: The Implied Freedom and Progressivism In regard to the implied freedom of political communication, Aroney argues that the Court’s finding in ACTV was carefully reasoned in order to provide a direct or ‘necessary’ implication of the freedom from ‘the application of traditional methods of legal reasoning’ to the text or structure of the instrument, consistent with the Engineers case, rather than an ephemeral appeal to external conditions or social values. For example, Mason CJ cautioned that any implication through structure must be ‘securely based’ and ‘logically or practically necessary for the preservation of the integrity of that structure’. This was assisted through the Court giving theoretical content to the idea of representative government, where the legislators are chosen by the people. The Court consequently argued that representative government implies full and free communication of policies, ideas and opinions between electors to function effectively. It should be noted that interpretation of representative government as involving effective function through free communication is itself a value-laden approach. It is possible to conceive of an ineffective representative government, and the Constitution makes no comment on the necessary quality of the representative government. So even though the freedom of political communication is arguably a textual and contextual implication necessary for the proper functioning of the instrument, it also seems that this
84._attachment_to_a_deagon_submission.docx