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Using one successful referendum and one High Court case, analyse the impact of referendums and the High Court’s interpretation of the Commonwealth Constitution on the division of law-making powers. - VCE - SSCE Legal Studies - Question 12 - 2013 - Paper 1
Question 12
Using one successful referendum and one High Court case, analyse the impact of referendums and the High Court’s interpretation of the Commonwealth Constitution on th... show full transcript
Worked Solution & Example Answer:Using one successful referendum and one High Court case, analyse the impact of referendums and the High Court’s interpretation of the Commonwealth Constitution on the division of law-making powers. - VCE - SSCE Legal Studies - Question 12 - 2013 - Paper 1
Step 1
Successful Referendum: 1967 Referendum
Answer
The 1967 Referendum is a pivotal example in analyzing the impact of referendums on law-making powers. In this referendum, Australian voters approved the removal of section 127 of the Constitution, which prohibited the counting of Aboriginal people in the census, and section 51(xxvi), allowing the Commonwealth to make laws for Aboriginal people. This demonstrated a shift in power towards the Commonwealth, as it gained the ability to legislate on issues previously left to states. The success of this referendum illustrated that referendums can significantly alter the division of powers, emphasizing the Commonwealth’s role in addressing social matters.
Step 2
High Court Case: Franklin Dam Case
Answer
The Franklin Dam Case (1983) serves as an important High Court decision regarding the division of law-making powers. The court upheld the Commonwealth government’s authority to legislate under the external affairs power in section 51(xxix) of the Constitution. This ruling effectively expanded the Commonwealth's powers, as it enabled the federal government to intervene in state matters under international agreements, illustrating a liberal interpretation of the Constitution. The case showcased how the High Court's interpretation can lead to an increase in Commonwealth powers, especially in relation to environmental issues.