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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.
Download QR code; In other projects ... (The Constitution) as at 2013.pdf/11; Page:Commonwealth of Australia Constitution Act (The Constitution) as at 2013.pdf/12 ...
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.
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.
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 ...
Section 24: Constitution of House of Representatives in Australia; Section 25: Provision as to races disqualified from voting; Section 26: Representatives in first Parliament; Section 27: Alteration of number of members; Section 28: Duration of House of Representatives; Section 29: Electoral divisions; Section 30: Qualification of electors
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 ...