Case Studies

Question 1

List the cases we need to know.

Answer 1

1. McBain v Victoria (2000)
2. DPP v Besim (2017)
3. JT International SA v CW (2012)
4. ACT v CW (1992)
5. Roach v Electoral Commissioner (2007)
6. Brislan Case (1935)
7. Tasmanian Dams Case (1983)
8. Donoghue v Stevenson (1932)
9. Trigwell case (1979)
10. Deing v Tarola (1993)
11. Mabo 1992 (judicial activism)

Question 2

What does the McBain case relate to?

Answer 2

McBain v Victoria (2000) (the significance of section 109 of the Australian Constitution)

(Judicial Activism)

Question 3

What does the DPP v Besim case relate to?

Answer 3

DPP v Besim (2017) (the separation of the legislative, executive and judicial powers)

Question 4

What does the JT International SA v CW case relate to?

Answer 4

JT International SA v CW (2012) (Express Rights s51(31))

Question 5

What does the ACT v CW case relate to?

Answer 5

ACT v CW (1992) (implied freedom of political communication; s7 and 24; representative government)

Question 6

What does the Roach case relate to?

Answer 6

Roach v Electoral Commissioner (2007) (implied right to vote; s 7 and 24; representative government)

Question 7

What does the Brislan case relate to?

Answer 7

Brislan Case (1935) (the significance of one High Court case which has had an impact on the division of constitutional law-making powers)

Question 8

What does the Tasmanian Dams case relate to?

Answer 8

Tasmanian Dams Case (1983) (the impact of international declarations and treaties on the interpretation of the external affairs power.

Question 9

What does the Donoghue v Stevenson case relate to?

Answer 9

Donoghue v Stevenson (1932) (precedent; courts ability to make law)

Question 10

What does the Trigwell case relate to?

Answer 10

Trigwell case (1979) (distinguishing a precedent; courts ability to make law)

Question 11

What does the Deing v Tarola case relate to?

Answer 11

Deing v Tarola (1993)
(statutory interpretation; courts ability to make law)

Question 12

What does the Mabo case relate to?

Answer 12

Mabo 1992 (judicial activism)