The High Court and the Division of Law-Making Powers (VCE SSCE Legal Studies): Flashcards

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The High Court and the division of law-making powers
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How High Court changes division of powers

Broad interpretation of constitutional provisions

Section 75 - High Court's authority

Jurisdiction to hear disputes between Cth & states

Brislan case - year & subject

1935 - wireless set licence requirement

Section 51(v) covers what services?

Postal, telegraphic, telephonic, other like services

Brislan case outcome for Commonwealth

Gained power over broadcasting to wireless sets

Section 109 - when Cth & state laws conflict

Commonwealth law prevails

Section 51(xxix) power area

External affairs

Tasmanian Dam case - year & issue

1983 - dam construction vs World Heritage protection

Tasmanian Dam case significance

Cth can legislate to fulfill international treaty obligations

International treaties & Australian law

Not automatic; Parliament must pass statute to apply

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