JSB171 Lecture Notes - Lecture 1: Responsible Government, Communist Party Of Australia, Harry Gibbs
Document Summary
Power implied into the constitution by virtue of the existence of the cth as a national polity: Scope: matters incidental to the existence of the commonwealth as a state, commonwealth"s right to self-protection. Mason j: csiro, investigations & inquiries, scientific research, research and exploration, regulation of australian territorial seas from external affairs power) | growth of national identity (widest view): aap case per jacobs j. : seas & submerged lands case (1975) (even apart: appropriation & payment of money to assist in truly national endeavours: tas dams per deane. J; dawson j s51(xxxix): conducting celebrations: davis v cth (bicentennial authority case) (also looking at s61 , protecting certain symbols (but not common expressions): davis v cth (bicentennial authority. Case) (symbols, but not expressions such as 200 yrs, bicentennial, 1988 etc): probably also promoting the arts, promoting the natural heritage and culture of australia. Limits: nationhood power does not allow disturbance of distribution of powers in the federal system:
