Complete Constitutional Law Exam Revision Notes

LAWS4015 - Constitutional Law

2 Found helpful • 60 Pages • Complete Study Notes • Year: Pre-2021 • Previously uploaded under: 200009 - Constitutional Law

WEEK 3: PRINCIPLES OF INTERPRETATION – CTH 3 Doctrine of Reserved Powers 3 Characterisation 3 Precedent 4 Cases 5 WEEK 3: CORPORATIONS POWER 7 s 51(xx) 7 WEEK 3: TRADE AND COMMERCE POWER 11 s 51(i) 11 WEEK 4: EXTERNAL AFFAIRS 13 s 51(xxix) 13 WEEK 4: ALIENS AND IMMIGRATION POWERS 19 s 51(xix) and s 51(xxvii) 19 WEEK 6: DEFENCE POWER ETC 21 s 51(vi) 21 WEEK 6: RACE POWER 23 s 51(xxvi) 23 WEEK 7: TAXATION POWER 25 s 51(ii) 25 Answer Plan Elements 25 s 96 – Grants to States – Is there financial assistance to the States 28 s 81 – Spending power – Has the imposition been paid into CRF? 28 WEEK 8: EXPRESS LIMITS ACQUISITION OF PROPERTY ON JUST TERMS 35 s 51(xxxi) 35 WEEK 8: DISCRIMINATION AND PREFERENCE (ss 51(ii) and 99) 39 ss 51(ii) and 99 39 WEEK 8: JURY TRIAL 41 s 80 41 WEEK 9: STATE CONSTITUTIONS 43 Exam Intro 43 Rules 43 Extra-territoriality only re state laws! 43 WEEK 10: CTH’S EXCLUSIVE POWERS 44 s 90 – Cth’s Exclusive Powers 44 WEEK 10: FREEDOM OF INTERSTATE T&C 45 s 92 – Freedom of interstate trade and commerce 45 s 117 – Laws not to Discriminate against out-of-state residents 46 WEEK 11: INCONSISTENCY BETWEEN STATE & CTH LAWS 47 S 109 47 State Law Inconsistencies 49 WEEK 12: FREEDOM OF POLITICAL COMMUNICATION 53 WEEK 12: RIGHT TO VOTE 55 WEEK 12: FREEDOM OF ASSOCIATION 56 WEEK 12/13: SEPARATION OF JUDICIAL POWER UNDER CTH CONST 57 WEEK 13: EFFECT OF CTH CONST ON STATE COURTS 59

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