Search results
Results From The WOW.Com Content Network
Section 51(xxvi) supports the rejection of legal equality requirements when considering legislation otherwise validly enacted under the Constitution. [8] Thus legislation empowered by other constitutional powers, such as in the Northern Territory National Emergency Response , [ 9 ] which was empowered by section 122 , [ 10 ] may be racially ...
The High Court's approach to section 51 has changed over time. Initially, the court adopted the 'Reserved Powers' doctrine, an interpretive view that the Australian States had implicitly retained competence in core areas, which were unable to be displaced by the Commonwealth even through reliance upon the powers enumerated in s51.
The Constitution Alteration (Social Services) Bill 1946, [1] was a successful proposal to alter the Australian Constitution to give the Commonwealth power over a range of social services. The question was put to a referendum in the 1946 Australian referendum with two other (unrelated) questions.
Koowarta v Bjelke-Petersen, [1] was a significant court case decided in the High Court of Australia on 11 May 1982. It concerned the constitutional validity of parts of the Racial Discrimination Act 1975, and the discriminatory acts of the Government of Queensland in blocking the purchase of land by Aboriginal people in northern Queensland.
Melbourne Corporation v Commonwealth, also known as the Melbourne Corporation case or the State banking case, [1] is an important case in Australian constitutional law. It stands for the proposition that there are limits on the scope of express Commonwealth legislative powers which can be implied from the federal character of the Constitution.
Section 51(vi) of the Australian Constitution, commonly called the defence power, is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament the right to legislate with respect to the defence of Australia and the control of the defence forces.
Relying in the main on s51(xx) of the Constitution the Commonwealth enacted the Corporations Act 1989. Concerned with the constitutional validity of the legislation the states of New South Wales, South Australia and Western Australia sought a declaration as to the validity of the aspects of the legislation dealing with the registration and ...
Pages for logged out editors learn more. Contributions; Talk; Section 51(vi) of the Australian Constitution