LAW314 Chapter Notes - Chapter 7: Spycatcher, Susan Kiefel, Aboriginal Land Rights Act 1976
3 Aug 2020
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Week 7 executive powers part 2 readings. Readings: bw pp 447-503 (executive power) for readings on nationhood power; and capacities of contracting and spending. Optional reading on comparative approaches to executive power: http://www. bailii. org/uk/cases/uksc/2019/41. html, https://publiclawforeveryone. com/2019/09/25/1000-words-the-supreme-courts- judgment-in-cherry-miller-no-2/ In addition, powers conferred elsewhere in the constitution s68. Scope of power plaintiff m68/2015 v minister for immigration and border protection (2016) 257 clr 42. Plaintiff m68/2015 v minister for immigration and border protection (2016) 257 clr. Analysis the principle articulated by their honours in the spycatcher case is commonly referred to as the act of state" doctrine, although that term has been criticised as being vague and unsatisfactory": potter v broken hill company pty. It is clear that an act of state encompasses the passage of legislation: lucasfilm ltd v ainsworth [2011] uksc. The high court"s consideration of the doctrine in the present case sits squarely with examinations of principle following the underhill decision. Fuller cj expressed the principle in absolute and universal terms.
