Podcast
Questions and Answers
What does the process of characterisation in the context of determining whether a statute is within Commonwealth legislative power involve?
What does the process of characterisation in the context of determining whether a statute is within Commonwealth legislative power involve?
In characterisation, what aspects of the statutory language does the High Court interpret?
In characterisation, what aspects of the statutory language does the High Court interpret?
Which case reiterated the core principles of characterisation as a 'well-settled principle' in a joint judgment?
Which case reiterated the core principles of characterisation as a 'well-settled principle' in a joint judgment?
How does the High Court categorize legislative powers in Section 51 of the Australian Constitution?
How does the High Court categorize legislative powers in Section 51 of the Australian Constitution?
Signup and view all the answers
What is an example of a categorization based on subject matter in Section 51 of the Australian Constitution?
What is an example of a categorization based on subject matter in Section 51 of the Australian Constitution?
Signup and view all the answers
How does the High Court's approach to characterisation vary based on the category of legislative powers?
How does the High Court's approach to characterisation vary based on the category of legislative powers?
Signup and view all the answers
According to Sir Owen Dixon, which legislative powers are considered purposive?
According to Sir Owen Dixon, which legislative powers are considered purposive?
Signup and view all the answers
How is the subject of power in most of Section 51 described?
How is the subject of power in most of Section 51 described?
Signup and view all the answers
When is it usual to disregard the purpose or object of legislation?
When is it usual to disregard the purpose or object of legislation?
Signup and view all the answers
In which case were the remarks about disregarding purpose or object referred to with approval by Mason and Deane JJ?
In which case were the remarks about disregarding purpose or object referred to with approval by Mason and Deane JJ?
Signup and view all the answers
Which type of power was NOT mentioned as being purposive by Sir Owen Dixon?
Which type of power was NOT mentioned as being purposive by Sir Owen Dixon?
Signup and view all the answers
What does the Defence power share with the external affairs power and conciliation and arbitration power?
What does the Defence power share with the external affairs power and conciliation and arbitration power?
Signup and view all the answers