Essay 2 succinct

Question 1

Examples of interpretation of the constitution (2)

Answer 1

Brislan 1935 cth v brislan
Wireless telegraphy act 1905 (cth)
Section 51(V) ‘other like service’ ‘postal, telegraphic, telephonic’
Koowarta (1982)
Racial discrimination act 1975 (Cth) ratify UN concention on the Eliminating of All Forms of Racial Discrimination (1966)
external affairs (s51xxix)

Question 2

Referendum examples

Answer 2

1967
90.77 yes 6/6 states
Words in sect 51 xxvi ‘other than the aborginal race om any state’ deleted
section 127 deleted ‘Aborigines not to be counted in reckoning population’
1999 referendum fail 45.13% 0/6 states

Question 3

Referal of power found where in constitution

Answer 3

S51 xxxvii

Question 4

Examples of referred powers

Answer 4

Internal security allowing Criminal Code Amendment (terrorism) Act 2003 (cth) to be passed
States referred de facto couples as only marriage is in constitution (s51 xxi and xxii)

Question 5

High court judgements in cth favour

Answer 5

First Uniform Tax Case 1942 Sa v Cth
Special purpose payments S96 Valid
s109 invalidates state tax power equivalents
Roads Case 1926 Vic v Cth
SPP used for whatever fitting purpose