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Consitutional II Exam Notes

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Complete Consitutional Law II Exam notes for University of Western Australia, compiled 2013

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120 Pages Complete Study Notes > 2 Years old
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Topics this document covers:
Technology Law Labor Business Social Issues Entertainment War Environment Australian constitutional law Politics of Australia Case law Polyukhovich v Commonwealth Corporations Act Leask v Commonwealth Commerce Clause New South Wales v Commonwealth Commonwealth v Bank of New South Wales Pape v Commissioner of Taxation Section 51(xx) of the Constitution of Australia
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Topics this document covers:
Technology Law Labor Business Social Issues Entertainment War Environment Australian constitutional law Politics of Australia Case law Polyukhovich v Commonwealth Corporations Act Leask v Commonwealth Commerce Clause New South Wales v Commonwealth Commonwealth v Bank of New South Wales Pape v Commissioner of Taxation Section 51(xx) of the Constitution of Australia
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The subject matter of the provision, determined solely by the operation which the enactment has if it be valid (i.e. the nature of the rights, duties, powers and privileges which it changes, regulates or abolishes: Tasmanian Dams); its true nature and character: Fairfax v Federal Commissioner of Taxation per Kitto J. The law thus characterised must fall within a valid head of Cth power, (given a broad construction: Australian National Airways Case per Dixon J); and Must be sufficiently connected to that head of power that it is not an “insubstantial, tenuous or distant” connection: Melbourne Corporation. Role of HCA in Characterisation: Australian National Airways Ltd v Commonwealth (1946) 71 CLR 29 at 70 (Rich J) [T]his Court is not in the smallest degree concerned to consider whether such a project is politically, eco...
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