Search results
Results From The WOW.Com Content Network
Section 51(xxxi) is a subclause of section 51 of the Constitution of Australia. [1] It empowers the Commonwealth to make laws regarding the acquisition of property, but stipulates that such acquisitions must be on just (fair) terms. The subclause is sometimes referred to in shorthand as the 'just terms' provision.
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.
Pages for logged out editors learn more. Contributions; Talk; Section 51(xxxi) of the Constitution of Australia
Section 51(xxxi) of the Australian Constitution provides that the federal government has the power to appropriate property "on just terms" for any other purpose it has powers to make laws about (see Section 51 of the Constitution of Australia: for example, acquiring land to build a military base). The crucial phrase in this section is "on just ...
This category contains cases relating to the requirement under Section 51(xxxi) of the Constitution of Australia that the Commonwealth can only acquire property "on just terms". Pages in category "Acquisition of property in the Australian Constitution cases"
Pye v Renshaw, [1] is a High Court of Australia case that deals with the interaction between section 51(xxxi) of the Constitution, [2] (the Commonwealth's power to acquire property on just terms) and section 96 of the Constitution (the grants power).
P. J. Magennis Pty. Ltd. v Commonwealth, [1] is a High Court of Australia case that deals with the Commonwealth's power of acquisition of property, which must be on just terms, as specified in section 51(xxxi) of the Constitution. [2] The Commonwealth government wished to purchase land for resettlement after World War II.
Section 51(xxxi) of the Australian Constitution; Section 51(xxxvii) of the Constitution of Australia; Section 51(xxxviii) of the Constitution of Australia;