ABSTRACT
The workability of the interpretive principles proposed in Chapter 29, both in reconciling competing constitutional concerns in a given case and amalgamating process-based concerns with pragmatic, outcome-based considerations, is best evaluated by applying them to the cases discussed throughout this book. As illustrated later, applying the structural and individual rights principles would have led the Court to reach different – and better – outcomes in every case. For example, the Court would have enhanced fairness in the electoral process, promoted equal participation in democracy, facilitated accountability and efficiency in governance, and ensured that citizens are treated equally under the law. Ultimately, the application of these principles is predicated on a novel theory of constitutional interpretation: contextualism and collective liberty.
