LAW2111 Study Guide - Final Guide: Hire Purchase, Isaac Isaacs, Chapter Iii Court
Document Summary
For the law to be valid it must be characterised to bring it within the scope of the legislative powers conferred upon the cth parliament. The process of constitutional interpretation is two-fold as stated by mchugh j in re dingjan. Firstly, the character of the law must be determined by reference to the rights, duties, privileges and powers it created, as well as its legal effect. Subject matter powers test of sufficient connection. The law must be sufficiently connected to the scope of the power. Purposive powers test of proportionality, i. e. is the law reasonably appropriate and adapted to its purpose. The most recent majority expression on constitutional interpretation from the high court in the grain pool of wa v the. Motive is irrelevant to the determination of validity (fairfax). Purpose, on the other hand (i. e. the end or object the legislation serves), is understood to be relevant to characterising a law under the implied incidental power.
