2017 Constitutional Law complete notes
Commonwealth Law/Act
• Head of power/ characterisation
o s51(29) - External Affairs
(including treaties, extra
territoriality, relations with
other countries,
international concern)
o s51 (20) - Corporations
o s96 - Grants to the States
• Implied Limits/ Prohibitions
o SOJP – Cth Level
o IGI - Limits on Cth’s ability
to bind States
o Implied Freedom of
Political Communication
(IFPC)
o Implied freedom to vote
• Express Limits
o Ss 81, 83 - Appropriation
and Expenditure
Cth but no Act:
• Executive power or spending
power s 81
State Law
• State Legislative Power - Plenary
• Restrictive Procedures (manner and
form provisions)
• IGI - Implied limits of States’
ability to bind the Cth executive
• IFPC
• Separation of powers (Kable etc.)
Both State & Cth laws
• All the above.
• S 109 - Inconsistency
Either
- IFPC
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#Law
#AustraliaAct
#Section51OfTheConstitutionOfAustralia
#ConstitutionalLaw
#ParliamentarySovereignty
#Ratification
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#Treaty
#Section51XxxviiOfTheConstitutionOfAustralia
#CommonwealthVTasmania
46 Pages
Complete Study Notes
Year: Pre-2023
#AustralianConstitutionalLaw
#AustralianLaw
#Law
#AustraliaAct
#Section51OfTheConstitutionOfAustralia
#ConstitutionalLaw
#ParliamentarySovereignty
#Ratification
#AustralianCommunistPartyVCommonwealth
#Treaty
#Section51XxxviiOfTheConstitutionOfAustralia
#CommonwealthVTasmania
46 Pages
Complete Study Notes
Year: Pre-2023This document is 50 Exchange Credits
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