Tasmanian Dam Case: High Court Ruling Flashcards
1
Q
What did the High Court rule?
A
That the Commonwealth Parliament was within its jurisdiction to intervene under ‘ external affairs ‘ S51(xxix)
2
Q
What did the High Court decide about the Franklin Dam?
A
That it was covered by an international treaty
3
Q
What did the High Court interpret?
A
The words “ external affairs “
4
Q
What did the High Court add to “ external affairs “?
A
To include an area covered by an international treaty
5
Q
Where was the inconsistency in this case?
A
The Tasmanian legislation and the Commonwealth legislation
6
Q
How did S109 impact this case?
A
The Tasmanian legislation was made inoperable as it was inconsistent with commonwealth legislation
