Explain the significance of one case in which the High Court’s interpretation of the Commonwealth Constitution had an impact on the division of law-making powers. - VCE - SSCE Legal Studies - Question 8 - 2015 - Paper 1

One significant case in which the High Court's interpretation of the Commonwealth Constitution impacted the division of law-making powers is the case of Commonwealth v Tasmania (1983). This case involved the proposed construction of a dam on the Franklin River by the Tasmanian government, which the Commonwealth sought to prevent under the World Heritage Properties Conservation Act.

The High Court ruled that the Commonwealth had the power to legislate in this area due to its ability to enter into international treaties and to protect World Heritage areas. The decision emphasized the expanded scope of the Commonwealth's powers over matters that relate to international obligations, thus shifting the balance of law-making powers between the states and the Commonwealth.

The ruling was significant as it demonstrated the High Court's willingness to interpret the Constitution in a way that affirmed the Commonwealth's powers, particularly in areas where states made decisions that could conflict with international responsibilities. This case established precedent by reinforcing the principle that the Commonwealth could legislate in areas that may not have been previously seen as directly under its authority, thereby influencing the division of powers.