LAW2111 Final: Constitutional-Law-Exam-Notes
Document Summary
Interpreting heads of power and characterising laws answer structure. Focus is on trade & commerce power, and corporations power: starting point: a commonwealth law must be supported by a head of power in s51: Immigration and emigration: s51(xxvii: trade and commerce: s51(i, corporations: s51(xx, external affairs: s51(xxxix, naturalisation and aliens: s51(xix, defence: s51(vi, race: s51(xxxvi, taxation: s51(ii) Normal principles of interpretation apply clear meaning must be given effect even if impolitic or problematic. Essentially if a law is with respect to one or more topics, as long as one topic comes within a head of power, the law is valid. We look at the legal operation and substance of the act, not its effect or purpose. Drafters made it clear they were aware hca would have final say on meaning of the words and leading members seemed not to expect interpretation to be too narrow or literal. Few extreme proponents of originals apart from callinan j, see dissent in workchoices.
