LAW 2501 Lecture Notes - Lecture 3: Super Bowl Xxix, Externality, Susan Crennan
23 May 2018
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EXTERNAL AFFAIRS POWER s 51(XXIX)
Summary of PQ Process
Red- process in interpretation notes
STEP 1: as a Cth law, to be valid, must be supported
by a head of power in the C*. s 51(xxix) vests the
Parliament with power to make laws for the peace,
order and good government of the Cth with respect to
external affairs
STEP 2: The issue is whether (the legislation) is
supported by s 51(xxix)
STEP 3:
(1) Interpret s 51(xxix) – determine which aspect is
relevant
(2) Determine whether the legislation is made with
respect to the head of power.
a. Analyse the legislation- ‘true character of
the law’
b. Compare the legislation to the external
affairs power
i. Subject matter power test (for all but
treaty imp): sufficient connection
ii. Purposive (for treaty implementation):
proportionality
STEP 4: conclude whether the law is supported by s
51(xxix) and therefore valid/ invalid
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Document Summary
Step 1: as a cth law, to be valid, must be supported by a head of power in the c*. s 51(xxix) vests the. Parliament with power to make laws for the peace, order and good government of the cth with respect to external affairs. Step 2: the issue is whether (the legislation) is supported by s 51(xxix) Step 4: conclude whether the law is supported by s. *all other aspects of ea power = subject matter: maybe, h and heydon jj in xyz, examples. Relations with other nations: subject matter power, test = sufficient connection, examples, preservation of friendly relations with other countries, unlawful to advocate for overthrow of foreign governments communist party. Case: preserving integrity of foreign states- law prohibiting terrorist acts intended to threaten foreign govt gummow, crennan. Australia: subject matter power, test = sufficient connection, according to barwick cj in the seas and.
