Dr. David Kenny:

It is such an interesting question. I would largely echo Ms O'Toole's comments. Obviously, the courts will have to look for the intent of the electorate in making their votes. Because the people are sovereign, it would be the people's intention rather than the intention of any one body that is privileged because, obviously, there are many relevant comments made in this building and elsewhere that might lead up to it but it is the people's choice that has this sort of constitutional effect. The problem is, of course, it is very hard to figure out the intent of the people at the best of times because the intent is often highly diffuse. It is often not a single reason. It is often many reasons. Therefore, the courts have to look to all sorts of sources. Sometimes, in cases where this becomes relevant, the court will say, "Of course, the people did not mean", and follow it with something. It is difficult sometimes to know exactly where that comes from because there is no one privileged place where one can find the people's intention. Even though that is all relevant and the other processes are taken into account as well in forming the context of the people's choice, there is no one privileged way one can say this is what the people intended. The courts get to make the determination finally.