Topic > Cole V Whitfield Originalism Analysis - 577

IntroductionThe milestone judicial decision in Cole v Whitfield marked a pivotal moment in Australian jurisprudence in relation to the interpretation of s92 of the Australian Constitution. This essay will critically analyze the constitutional interpretive approach used in Cole v Whitfield. This method will be compared with the methods of interpretation exemplified in Commonwealth v Australian Capital Territory. Although in these two cases there seems to be a preference towards a particular interpretative method, each modality has both strengths and weaknesses. Consequently, the merits of each should be used in conjunction with those of the others, where the court deems it appropriate, complementing each other. This can provide a holistic approach to interpreting the constitution. Cole v. Whitfield Originalism, an orthodox principle of legal interpretation, focuses on interpretation according to the original understanding of constitutional words. This incorporates arguments from the "text, context, purpose and structure of the constitution". The originalist method of constitutionality...