Using one case, explain the impact of the High Court’s interpretation of the Commonwealth Constitution on the law-making powers of the State and Commonwealth Parliaments. - VCE - SSCE Legal Studies - Question 6 - 2010 - Paper 1

One significant case that illustrates the impact of the High Court's interpretation of the Commonwealth Constitution on the law-making powers of the State and Commonwealth Parliaments is the Tasmanian Dam Case. In this case, the High Court upheld the validity of Commonwealth legislation that protected the environment and prohibited the Tasmanian government from proceeding with its plans to build a dam in Tasmania.

This case highlighted the supremacy of Commonwealth law over state law, particularly in areas where the Commonwealth has exclusive powers, such as 'external affairs' under section 51(xxix) of the Constitution. The decision effectively limited the scope of the Tasmanian government to legislate on matters that intersected with Commonwealth laws designed for environmental protection.

As a result, the interpretation reinforced the law-making capabilities of the Commonwealth Parliament, thereby affecting the balance of power between the two levels of government. This interpretation continues to have significant implications for the legislative powers of both the State and Commonwealth parliaments.