Subjects under University of Western Australia
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Constitutional Law Answer Guides (Whole Unit)

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These are guides of how to answer problem questions for each topic in LAWS 5101. Enjoy

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16 Pages Partial Study Notes > 2 Years old
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Constitutional Law Answer Guides (Whole Unit)
Topics this document covers:
Australian constitutional law Section 51 of the Constitution of Australia
This is a Partial Set of Study Notes

Partial Study Notes typically cover only single topics of a unit of study or do not cover multiple topics in significant detail. They are generally less than 20 pages in length.

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Topics this document covers:
Australian constitutional law Section 51 of the Constitution of Australia
Sample Text:
What is the source of authority [POWER] under the CC for making the law » Trade + Commerce > s51(ii) » Defence > s51(vi) » External Affairs > s51(xxix) » Grants > s96 » Tax > s51(ii) » Appropriation > ss81-83 » Spending > s61 2. What is the SCOPE of the power [List + apply to facts] 3. Is law [X] WITH RESPECT TO the power Cth leg must be made ‘WRT’ a federal head of power (‘HoP’) enumerated in s51 of the CC > Huddart Parker (Higgins J) » Subject matter: what the law does w’ ref to rights, duties, PWs + privileges > Fairfax » Is the law WRT the subject matter of the identified PW OR • If subject matter PW: Is the law sufficiently connected to the SM of the PW > Dingjan • If purposive PW: Is the law reasonably approp...
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