Abstract
If you have an understanding of our constitution, you might pass over this chapter, but for readers who feel they need to find out how our institutions of government function before going on to the discussion of how they could be improved, this chapter will provide you with what you need to know.
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Notes
- 1.
- 2.
See, for example, the decision by the Rhodesian court in R v Ndhlovu 1968 (4) SA 515 (RAD).
- 3.
Coe v Commonwealth (No 2) (1993) 118 ALR 193 and Walker v New South Wales (1994) 82 CLR 45.
- 4.
To mention just the most important, these powers include those to legislate on inter-State and overseas trade and commerce (s 51(i)), taxation (s 51(ii)), marriage (s 51(xxi)), corporations (s 51(xx)), immigration (s 51(xxvii)) and external affairs (s 51(xxix)). In addition to these there are a few other matters that the Commonwealth can legislate on by virtue of other powers conferred by other sections, relating to Commonwealth places (that is, physical areas owned by the Commonwealth government) and the Commonwealth public service (s 52), the imposition of customs and excise duties (s 90), defence (s 114), coinage (s 115) and the Territories (s 122).
- 5.
Commonwealth v Australian Capital Territory (Marriage Equality Case) (2013) 250 CLR 441.
- 6.
(1920) 28 CLR 129.
- 7.
Montesquieu (1748).
References
Harris B (2009) Constitutional law guidebook, 2nd edn. Oxford University Press, South Melbourne
Joseph S, Castan M (2019) Federal constitutional law – a contemporary view, 5th edn. Lawbook Co, Pyrmont
Montesquieu C (1748) L’Esprit des Lois. English edition: Nugent, T (1949). Hafner, New York
Williams G, Brennan S, Lynch A (2018) Blackshield and Williams Australian Constitutional Law and Theory – commentary and materials, 7th edn. The Federation Press, Annandale
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Harris, B. (2020). Our Current Constitution. In: Constitutional Reform as a Remedy for Political Disenchantment in Australia. Springer, Singapore. https://doi.org/10.1007/978-981-15-3599-4_3
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