Law Notes Federal Constitutional Law Notes
Cases and materials summary notes based on Blackshield & Williams Constitutional Law (2011), super summaries intended for easy reference in an open book exam and "policy notes" geared towards writing essays. Structure of the cases and materials summary notes are as follows:
Class 1- Fundamentals of Australian Constitutional Law
Class 2&3 - The high Court and Constitutional Interpretation
Class 4 - The High Court and Characterisation
Class 5 - Inconsistency
Class 6&7 - Economics Powers
Cl...
The following is a more accessible plain text extract of the PDF sample above, taken from our Federal Constitutional Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Corporations Power | |||
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THE TEST | INTERPRETIVE FACTORS | PARTICULAR APPLICATIONS | ORDER OF INQUIRY |
(Work Choices) A law will be valid as long as it is expressed to operate by reference to the activities, functions and relationships of s 51(xx) Corporations. Thus Parliament can pass laws wrt:
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| It includes
| Is the law accomplishing something within power? Does the law apply to the particular corporation? |
The Defence Power | |||
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THE TEST | INTERPRETIVE FACTORS | PARTICULAR APPLICATIONS | ORDER OF INQUIRY |
Dixon J (ACP) –
Fullagar J (ACP)
|
|
| What are the facts by reference to which the law operates? Can the court take judicial notice of them? Do these facts provide a sufficient connexion with a defence purpose? OR Is it within the primary or secondary aspect? |
The Tax Power | |||
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THE TEST | INTERPRETIVE FACTORS | PARTICULAR APPLICATIONS | ORDER OF INQUIRY |
The starting point is Latham CJ in Matthews v Chicory Marketting Board: A tax is:
But these are neither exhaustive nor necessary |
|
| Does it satisfy all the elements? Is it a penalty? Is it a fee for services – if so is it nevertheless a tax? |
A fee for services is:
|
Buy the full version of these notes or essay plans and more in our Federal Constitutional Law Notes.
Cases and materials summary notes based on Blackshield & Williams Constitutional Law (2011), super summaries intended for easy reference in an open book exam and "policy notes" geared towards writing essays. Structure of the cases and materials summary notes are as follows:
Class 1- Fundamentals of Australian Constitutional Law
Class 2&3 - The high Court and Constitutional Interpretation
Class 4 - The High Court and Characterisation
Class 5 - Inconsistency
Class 6&7 - Economics Powers
Cl...
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