Doctrines
The Judicial Tools of Interpretation
SEVERABILITY
Cut the Bad
- Isolate the void part.
- Save the rest.
- If mixed, all dies.
ECLIPSE
Dormant, Not Dead
- Pre-const laws eclipsed by FRs.
- Not dead, just sleeping.
- Amendments can revive them.
WAIVER
Unsurrendered Rights
- FRs are absolute.
- Cannot be surrendered.
- Protection > Choice.
PITH & SUBSTANCE
The True Nature
- Incidental trespass is OK.
- True nature matters.
- Resolves List conflicts.
COLOURABLE LEGISLATION
Indirect Breach
- Cannot do indirectly.
- Masking intent fails.
- Competency is key.
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