Original Constitutional Lessons: Marriage, Defence, Juries, and Aliens

In constitutional interpretation there is an important divide which has been described as a difference between interpretation and construction, or between concept and conception, or between meaning and application, or between essential meaning and non-essential meaning. However it is described, this difference has been recognised in many decisions of the High Court of Australia. This lecture explores the difference by reference to High Court decisions in relation to four constitutional concepts: Aliens, Defence, Juries, and Marriage.