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The incidental power (xxxix) allows the Commonwealth to act on matters 'incidental' any power of the constitution. Most notably this includes section 61 of the constitution, which vests the Australian Government with Executive Power. As a result, it is one of the most important sections in practice.
The reserved powers doctrine was a principle used by the inaugural High Court of Australia in the interpretation of the Constitution of Australia, that emphasised the context of the Constitution, drawing on principles of federalism, what the Court saw as the compact between the newly formed Commonwealth and the former colonies, particularly the compromises that informed the text of the ...
In Australia, despite the centralized nature of the constitution, the High Court adopted the "reserved powers doctrine" which was used until 1920 to preserve as much autonomy for the states as can be interpreted from the constitution. This practice changed with the Engineers' Case which led reserved powers to be given to the Commonwealth. [3]
When the Australian Constitution was created in 1901, the United Kingdom and its possessions were not conceived of as "foreign" to Australia. Chief Justice Latham said in R v Sharkey (1949) that "external affairs" was not confined to the "preservation of friendly relations with other Dominions", but extended to relations with "all countries ...
Section 51(xx) of the Australian Constitution is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament the power to legislate with respect to "foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth". This power has become known as "the corporations ...
The Australian Constitution provides the Governor-General with a number of powers, including; the power to dissolve Parliament (Sections 5, 57), the power to refuse assent to bills presented to her (section 58) and the power to dismiss the government Ministers (section 64)., [14] however, the practical use of such powers is restricted by ...
Because of the wide scope of the external affairs power, section 51(xxx) has remained largely unused, though it was considered in Ruhani v Director of Police [2] (a case which dealt with the High Court of Australia's ability to hear appeals from the Supreme Court of Nauru) and was held obiter as being "conferred for reasons entirely unrelated to judicial power".
In its design, Australia's federal system was modelled closely on the American federal system.This included: enumeration of the powers of parliament (s. 51) and not those of the States, with the States being assigned a broad 'residual' power instead (s. 108); a 'supremacy' clause (s. 109); strong bicameralism, with a Senate in which the States are equally represented notwithstanding great ...