LAW1112 Lecture Notes - Lecture 1: Ronald Dworkin, Australian Constitutional Law, Refugee Law
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This means that when courts interpret the written law and find gaps or ambiguity in it, they should interpret the law in light of these underlying rights and duties in order to fil the gaps. Thus, dworkin assumes that judges have the capacity and authority not only to. In australian communist party v the commonwealth (1951) 83 clr 1 at 193, An instrument framed in accordance with many traditional conceptions, to some of which it gives effect, as, for example, in separating the judicial power from other functions of government, others of which are simply assumed. Among these i think that it may fairly be said that the rule of law forms an assumption. In church of scientology v woodward (1982) 154 clr 25 brennan j said at 70: In plaintiff s157/2002 v commonwealth (2003) 211 clr 476 at 492 gleeson cj asserted the rule of law as an interpretive principle:
