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The term "external affairs" was used in section 51(xxix) rather than "foreign affairs" to make it clear that relations with the United Kingdom and other parts of the British Empire were intended to be included. When the Australian Constitution was created in 1901, the United Kingdom and its possessions were not conceived of as "foreign" to ...
Section 51(xxix) of the Australian Constitution, which simply states that the Parliament has power to make laws with respect to "external affairs" (a term which is left undefined), was put forward as an alternative source of authority for the Act. The Commonwealth in a submission argued that since the Act gave effect to Australia's ...
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.
R v Burgess; Ex parte Henry [1] is a 1936 High Court of Australia case where the majority took a broad view of the external affairs power in the Constitution but held that the interstate trade and commerce power delineated trade and commerce within a state, rejecting an argument that the power extended to activities that were commingled with interstate activities.
Polyukhovich v The Commonwealth [1991] HCA 32; (1991) 172 CLR 501, commonly referred to as the War Crimes Act Case, was a significant case decided in the High Court of Australia regarding the scope of the external affairs power in section 51(xxix) of the Constitution and the judicial power of the Commonwealth.
The principal argument of the Government of Australia is that the legislation is supported by Section 51(xx) of the Commonwealth of Australia Constitution Act 1901, commonly known as "the corporations power", which gives the Parliament of Australia the power to make laws with respect to "foreign corporations, and trading or financial ...
Section 51(xx) of the Constitution of Australia; Section 51(xxix) of the Constitution of Australia; Section 51(xxvi) of the Constitution of Australia;
The division of powers between the Australian federal government and the individual state governments are defined mainly by section 51 of the Australian constitution. The federal government had taken a range of actions, which they claimed were authorised under specific subsections of section 51. The Tasmanian government disputed these claims.