BEYOND THE BEND: On the constitutionality of a divorce law

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MELBOURNE, Australia (MindaNews / 1 July)—In the peculiar case of Falcis vs. Civil Registrar General, the Supreme Court explained that, “The basic democratic

, the Supreme Court explained that, “The basic democratic foundation of our constitutional order necessarily means that all organs of government, and even the People, read the fundamental law and are guided by it.”

The provision pertinent to our analysis is Article XV, Section 2 which states, “Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.”“We look to the language of the document itself in our search for its meaning. We do not of course stop there, but that is where we begin. It is to be assumed that the words in which constitutional provisions are couched express the objective sought to be attained.

At this stage, it is worthwhile to refer to some examples of how prohibitions are articulated in the 1987 Constitution: In fact, applying creative mental gymnastics, Section 2 can even be used to justify the enactment of a divorce law as a way to protect the sanctity of marriage.in November last year reporting that “a significant portion of the younger generation would rather not marry than to have a bad marriage.”

 

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