(ii)
That it must be interpreted generously;
(iii)
That it must be interpreted purposefully;
(iv)
That any Constitutional interpretation is value based;
(v)
That it must be interpreted on the basis of the text;
(vi)
It is transformative; and
(vii) That it seeks to create a break with the past.
PROGRESSIVE INTERPRETATION OF THE CONSTITUTION
28.
The Constitutional interpretation cannot and is not the same as
ordinary statutory interpretation. There are fundamental differences
between Constitutional interpretation and these include the following:,
(a) The Constitution, is the supreme law.
It is not easily
amended. It is long,lasting and it is the apex of all legal norms
within the legal order.
(b)The Constitution is justiciable and therefore standard for the
assessment of the validity of both 'law' and 'conduct' in every
legislative and executive echelon of government.
(c) The Constitution verbalises, as argued before, in broad,
inclusive
and
open,ended
language,
values
and beliefs
associated with democracy and the Constitutional state.
(d)The Constitution as indicated above, was a product of intense
negotiation,
harbouring
ideological
tensions
of various
perspectives.
29.
That being so, it is submitted that this Court must adopt a
progressive
broad
based
approach
to
Constitutional
interpretation. The doctrine of progressive interpretation, was
elegantly captured by Lord Sankey as "a living tree capable of
growth and expansion within its natural limits", in Edwards v
Page 8 of46
Applicant's Heads of Argument in the matter between:
Loveness Mudzuru & Another v Minister of Justice Legal & Parliamentary Affairs & 2 Others
Case Number CCZ 79/2014
Prepared byTendai Biti Law