Section 51(xxix) of the Australian Constitution provides the Commonwealth Parliament with the power to make laws in relation to external affairs - VCE - SSCE Legal Studies - Question 4 - 2019 - Paper 1

The statement from Chief Justice Gibbs regarding the external affairs power highlights the significant authority granted to the Commonwealth Parliament under section 51(xxix) of the Australian Constitution. Essentially, this provision allows the Parliament to enact legislation that aligns with international agreements and treaties.

Unlimited Legislative Power

Chief Justice Gibbs indicated that if the Parliament can legislate to implement any international agreement the executive pursues, it results in a broad scope of legislative power. This interpretation suggests that the Parliament could, theoretically, legislate on any matter that falls under the ambit of international agreements.

Context of the Koowarta Case

While the Koowarta case is not required for understanding the statement, it established essential principles regarding the external affairs power. It emphasized that the Commonwealth could legislate in matters related to treaties, extending its authority significantly.

Examples and Implications

Significant examples can be drawn from cases like the Tasmanian Dam case, which involved the Commonwealth using its external affairs power to protect World Heritage-listed areas, underpinned by international treaties. This further underscores the idea that through ratifying treaties, the Commonwealth Parliament gains extensive legislative reach, thereby illustrating the statement’s implications on Australian law and governance.