Australian Constitutional Law: Notes
70616: Australian Constitutional Law
Final exam revision
Contents
What is in the exam? 4 Interpretation of the Constitution 5 Characterisation of the law 6 Subject matter powers - sufficient connection test 6 As in the Bank Nationalisation Case 6 As in Fairfax (1965) 6 As in Herald (1966) 6 As in Murphyores (1976) 6 In Re Dingjan (1995) 7 Purposive powers + - Reasonably appropriate and adapted test 8 Subject Matter Powers 9 The Race Power 9 Koowarta 9 Tasmanian Dams 9 Western Australia v Commonwealth 9 Kartinyeri 9 Trade and Commerce Power 10 Definition of Trade and Commerce 10 Required to be interstate or overseas 10 Intrastate trade 10 Corporations Power 12 Constitutional Corporations 12 Power to incorporate 12 Scope 12 Implied Incidental Power 13 Purposive Powers 16 Nationhood 16 External Affairs 18 Physically external 18 International Relations/relationships with other countries 18 Matters of international concern 18 Treaties/external affairs 18 Grants Power 21 S52 – regarding commonwealth land 21 The Territories Power 22 The States 23 Commonwealth laws affecting the state 23 State laws affecting the commonwealth 23 Inconsistency of laws 24 Implied Incidental Power 25 Chapter 3 Courts and the Separation of power 26 Does the Commonwealth Act create a Court? 26 a) Is it constituted in accordance with Chapter III? 26 b) Is it exercising the judicial power of the Commonwealth? 26 Does the Cth. Act create a tribunal that is not a Chapter III court? 27 a) Is it exercising judicial power of the Commonwealth? 27 b) Are the members of the tribunal Chapter III judges? 27 c) Are the judges acting in their personal capacity or their judicial capacity? 27 Does the State Act create a court? 28 Rights and Freedoms 30 Freedom of religion 30 Acquisition of property on just terms 31 Implied Freedom of political Communication 32 Implied Right to Due Process, Fair
Final exam revision
Contents
What is in the exam? 4 Interpretation of the Constitution 5 Characterisation of the law 6 Subject matter powers - sufficient connection test 6 As in the Bank Nationalisation Case 6 As in Fairfax (1965) 6 As in Herald (1966) 6 As in Murphyores (1976) 6 In Re Dingjan (1995) 7 Purposive powers + - Reasonably appropriate and adapted test 8 Subject Matter Powers 9 The Race Power 9 Koowarta 9 Tasmanian Dams 9 Western Australia v Commonwealth 9 Kartinyeri 9 Trade and Commerce Power 10 Definition of Trade and Commerce 10 Required to be interstate or overseas 10 Intrastate trade 10 Corporations Power 12 Constitutional Corporations 12 Power to incorporate 12 Scope 12 Implied Incidental Power 13 Purposive Powers 16 Nationhood 16 External Affairs 18 Physically external 18 International Relations/relationships with other countries 18 Matters of international concern 18 Treaties/external affairs 18 Grants Power 21 S52 – regarding commonwealth land 21 The Territories Power 22 The States 23 Commonwealth laws affecting the state 23 State laws affecting the commonwealth 23 Inconsistency of laws 24 Implied Incidental Power 25 Chapter 3 Courts and the Separation of power 26 Does the Commonwealth Act create a Court? 26 a) Is it constituted in accordance with Chapter III? 26 b) Is it exercising the judicial power of the Commonwealth? 26 Does the Cth. Act create a tribunal that is not a Chapter III court? 27 a) Is it exercising judicial power of the Commonwealth? 27 b) Are the members of the tribunal Chapter III judges? 27 c) Are the judges acting in their personal capacity or their judicial capacity? 27 Does the State Act create a court? 28 Rights and Freedoms 30 Freedom of religion 30 Acquisition of property on just terms 31 Implied Freedom of political Communication 32 Implied Right to Due Process, Fair