JSB171 Lecture Notes - Lecture 1: Statelessness, Australian Nationality Law, Commonwealth V Tasmania
Document Summary
People of any race: concepts or race", are considered to be an imprecise term, but is partly of a biological element. Includes the aboriginal race: murphy j in tasmanian dams case: due to the constitutional amendment 1967, also racial sub-groups among the aboriginals: tasmanian dams case (1983) 158 clr 1 per deane j. Special laws: the law can"t correspond to all races, must be based on a special law on the people of any race: Koowarta v bjelke-petersen (1982) 153 clr 168 (racial discrimination act applies to everyone. Not upheld by race power || upheld by external affairs power) Includes protection of spiritually/culturally significant sites: tasmanian dams case (1983: of special significance" to the people: mason j in tasmanian dams. Includes laws that benefit primarily one race, but incidentally benefit mankind generally: Tasmanian dams (tas prevented from building dam on aboriginal cultural areas || cf minority .
