Preview

Australian Constitutional Law Exam Notes

Good Essays
Open Document
Open Document
10129 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Australian Constitutional Law Exam Notes
Constitutional Law Exam Notes
Introductory Cases
Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (“Engineer’s Case”) (1920) 28 CLR 129 – Cth introduced industrial law – applied to state governments and entities within s51(xxxv) (arbitration power) as employers re industrial disputes. Said Cth could not make binding award over State governments. Abolished STATE RESERVED POWERS doctrine (that Cth could not intrude) – shifted balance of power to Commonwealth. High Court stated must look at words of constitution and give them their natural and ordinary meaning – no assumptions nor presumptions, give full effect, interpret grants generously, not restrictively. Federal overrules State. Melb Corp notes restrictions though…
Melbourne Corporation v Commonwealth (“Melbourne Corporation Case”) (1947) 74 CLR 31 – Cth introduced Banking Act, prohibited private banks conducting business with State unless Cth Treasurer agreed. Cth laws invalid if they ① deny existence or ability of State to govern itself OR ② single out any one State. Implied limitation on the constitution. 2 limbs – discrimination limb (against State govt/entities), guarantee limb (guarantee exists that we are a Federation). Commonwealth cannot legislate so as to curtail the capacity of State government entities.
O’Sullivan v Noarlanga Meat Ltd (1954) 92 CLR 565 – (incidental s51(i) scope) – Cth statute states regulations that meat being prepared and sorted for export must be stored in a certain way. Goes to “quality and standard of export product” = CORE. Regulations dictating things such as drainage systems and hygiene incidental to core power (way before actual exportation) = sufficient connection. Must be a physical connection, not merely economic, under incidental scope.
Murphyores Inc Pty Ltd v Commonwealth (1976) 215 CLR 185 – s51(i) case – mining on Fraser Island, conservation lobby – Cth changed export provisions – cannot export unless provide satisfactory environmental

You May Also Find These Documents Helpful

  • Better Essays

    Legt 1710 Assignment 1

    • 1249 Words
    • 5 Pages

    The hearing of this case was held in the Court of Appeal of the New South Wales Supreme Court.…

    • 1249 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    The legal fiction upon which Australia was founded refers to the British doctrine, “terra nullius”. The phrase translates to “land without ownership”. When Australia was founded, even though the colonisers acknowledged the presence of the Indigenous they considered the Aboriginals too primitive to be actual owners. The Aboriginals were considered too primitive with no identifiable hierarchy or political structure. This legal fiction had a significant impact on Australia with the widely known Mabo Case. In May 1982, Eddie Mabo and four other plaintiffs of the Murray Islands pursued confirmation of their traditional land rights in the High Court of Australia. Their claim had been that Murray Island (Mer) had been previously inhabited and had been possessed by the Meriam people with their own social and political organisations. After 10 years and the death of Mabo, on June 3 1992, the High Court ruled that the lands of Australia were not terra nullius when European settlement occurred and the Meriam people were entitled to the lands of Murray Island. Then in December 1993, the Native Title Act was produced as part of the Commonwealth’s response to the High Court’s decision to protect the native lands of Aboriginals. The legal fiction has therefore had a major impact on Australia’s legal history with the introduction of the Native Title Act where the Aboriginal and Torres Strait Islanders were compensated for the dispossession of their lands.…

    • 2019 Words
    • 9 Pages
    Powerful Essays
  • Good Essays

    - In 1904 the Australian parliament established the commonwealth court of conciliation and arbitration to conciliate and if, that failed arbitrate between unionists and employers in dispute.…

    • 710 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    There are some Certain legal issues which are critically involved in this case the decision regarding this case usually came from the supreme court of new south wales.…

    • 504 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Legal Studies Summary Notes

    • 5906 Words
    • 24 Pages

    Representative government- means that the government must represent the views and interests of the people who voted them in. if they fail to do so then they will not be elected the next time, or could be kicked out of the parliament by the Governor General. Responsible government- the government must be answerable to the people and the parliament for its actions. If they fail to do so then they won’t be re-elected. Separation of power The power of government is divided into 3 main factions, Legislature, Executive and Judiciary. This is done so no-absolute person or body holds all the powers of the government and also so to prevent the parliament from possible abuse over power.    Legislature- is in chapter one of the commonwealth constitution, which is made up of the parliament members. They have the power to make laws. Executive- is in chapter two of the commonwealth constitution, made up of the Prime Minster and its Cabinet. They have the power to administer laws. Judiciary- is in chapter three of the commonwealth constitution, made up of the courts. They have the power to interpret and enforce laws.…

    • 5906 Words
    • 24 Pages
    Good Essays
  • Better Essays

    * Must contribute positively to the well being of all citizens in society. Following features must be present:…

    • 4296 Words
    • 18 Pages
    Better Essays
  • Powerful Essays

    This is an introductory course, prerequisite to further studies in law. The course begins with a discussion of the nature and sources of law and an examination of the court system in Canada, the Charter of Rights and Freedoms, and a survey of the more important aspects of the law of torts. The course then concentrates on the legal requirements for the formation of a valid contract. Other major contract law topics include interpretation, privity, discharge, breach, and special types of contracts. Selected cases will be examined. This course, including all communications with the instructor, does not constitute legal advice, but academic information only. If you require legal advice to rely upon, you should retain a lawyer.…

    • 3599 Words
    • 15 Pages
    Powerful Essays
  • Powerful Essays

    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.…

    • 6031 Words
    • 25 Pages
    Powerful Essays
  • Good Essays

    LAWS1061 Exam Notes

    • 10741 Words
    • 47 Pages

    Private – an interference affecting private rights of an individual, specifically concerning the use of their land.…

    • 10741 Words
    • 47 Pages
    Good Essays
  • Powerful Essays

    Legal Studies 3/4 Notes

    • 9289 Words
    • 38 Pages

    The Principle of Representative Government • • • • • Government for the people, by the people People elect representatives Answerable to the people for their actions Must represent the views of the majority of people Failure to represent = loss of confidence = loss of government…

    • 9289 Words
    • 38 Pages
    Powerful Essays
  • Better Essays

    Legal Studies Notes

    • 37517 Words
    • 151 Pages

    The government must embody the concerns, expectations & interests of the people who voted them in last election and protect these interests in their law-making.…

    • 37517 Words
    • 151 Pages
    Better Essays
  • Good Essays

    Constitutional Convention, 13 February 1998, Transcript of Proceedings. Accessed 9th August 2011, Obtained from http://australianpolitics.com/issues/republic/convention/130298.pdf…

    • 935 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Before Australia became a constitutional monarch, Australia had six separate six colonies after Europeans settled. Each colony had there own independent laws and just enforced customs at each border. In the 1800s they suggested that all seven states/territories (including New Zealand) would come together and become one federation. A constitutional conference was held and they made a constitutional based on a mixture of the British monarchy, the American federalism and other types. The newly made constitution was accepted by the voters from all states, it was passed as an act of the British Parliament, the Commonwealth of Australia Constitution Act 1900.…

    • 101 Words
    • 1 Page
    Satisfactory Essays
  • Powerful Essays

    Constitutional Law Ii - Outline

    • 43575 Words
    • 175 Pages

    ii. Court held that the 14th Amendment applies only to the government, not to private conduct. Congress lacks power to regulate private conduct.…

    • 43575 Words
    • 175 Pages
    Powerful Essays
  • Powerful Essays

    [The history of Australian company law has attracted remarkably little attention in academic literature, perhaps because it has mainly been seen as a copy of English law with few, if any, noteworthy features. This article points out several interesting and significant aspects of the evolution of Australian company law and considers this evolution in the context of the economic development of colonial Australia. Australian company law is an example of the transplantation of English law, raising the question of whether this transplant was successful. The central contention of this article is that although a substantial part of Australia’s company law was transplanted from England, its evolution was innovative and responsive to the economic needs of Australian society at the time. In particular, Australia’s company law was instrumental in financing the development of the mining industry, which played an important role in the economic success of colonial Australia.]…

    • 17657 Words
    • 71 Pages
    Powerful Essays

Related Topics