AJ 025 Lecture Notes - Lecture 22: Individual And Group Rights, Isaac Isaacs, Tasmania

• School: College of The Sequoias
• Department: Administration of Justice (AJ)
• Course: AJ 025
• Professor: shirk

Document Summary

On the imposition of uniform duties of customs, trade, commerce, and intercourse among the states, whether by means of internal carriage or ocean navigation, shall be absolutely free. Applies in exactly the same way for cth and state governments, bound in the same way. Generally applied more in striking down state laws though. W & a mcarthur v qld (192): ordinary, commercial meaning applies. Bank nationalisation case (1948): should be read relatively broadly, trade doesn"t necessarily only cover trade of goods, can cover money transfers, pursuit of a craft. By 1988, 140 cases on s. 92 and no clear consensus of meaning of absolutely free . Prior to 1988, two different approaches taken by hc judges: Individual rights view held by isaacs j, dixon and barwick cj: focused on the word. Absolutely and interpreted it to mean that people should be entitled to freedom from government control in their business. individual"s capacity to conduct trade is invalid.