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Smith J held the union had no express rule stating the executive could do this, nor could any be construed consistently with the democratic nature of the union's constitution. The executive's ""new rule"" was also contrary to TULRCA section 47, which prohibits unfair exclusions of candidates. Where statute is not explicit, standard principles of construction apply.
There have been dissenting views, notably in Breen v Amalgamated Engineering Union over the extent to which principles of natural justice may override a union's express rules. However, the better view appears that construction of a union's rules consistently with statutory principles of democratic accountability do require that express rules are disapplied if they undermine the ""reasonable expectations"" of members.