LAW314 Chapter Notes - Chapter 5: Robert French, Consumer Protection, Owen Dixon
Document Summary
Week 5 federalism and state constitutional law readings. Bw 295-298 (chapter 8, section 1) (intergovernmental relations); 307-310 (chapter 8, section 3, [8. 28]-[8. 30] + [8. 37] only) (referrals of power); 312-317 (chapter 8, section 5) (federal financial relations) Bw 1141-44 (chapter 25, section 2(a)) (grants power: the early cases); 1144-51 (section 2(b)) (the uniform tax cases); 1152-54 (section 2(c)) (limits?) Bw pp 394 (the meaning of invalid and prevail ); 395-412 (the tests of inconsistency); In federal government kc are defined the federal principle as the method of dividing powers so that the general and regional governments are each within a sphere, coordinate and independent. Robert french the incredible shrinking federation: voyage to a singular state?". The mechanism in section51(37) of the constitution by which the federal parliament can legislate with respect to matters referred" to it by one or more states has often been used. A prominent example was the 1996 referral by victoria of wide-ranging power over industrial relations.