“WHAT CANNOT BE DONE DIRECTLY CANNOT BE DONE INDIRECTLY” ~ ITS MEANING AND LOGICAL STATUS IN CONSTITUTIONALISM.

In Georgiadis v Australian & Overseas Telecommunications Corporation,

 

Mason CJ, Deane and Gaudron JJ

observed that:

in relation to constitutional guarantees and prohibitions It is often said that ‘you cannot do indirectly what you are forbidden to do directly’ ...
That maxim is, in fact, an important guide to construction, indicating that guarantees and prohibitions are concerned with substance not form.

 

j.1468-2230.1966.tb00736.x
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