High Court Characterisation Process Quiz
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Questions and Answers

What does the process of characterisation in the context of determining whether a statute is within Commonwealth legislative power involve?

  • Only interpreting constitutional HOP.
  • Examining the political environment at the time the law was enacted.
  • Identifying rights and duties created by the law and interpreting constitutional HOP. (correct)
  • Looking at the historical background of the law.
  • In characterisation, what aspects of the statutory language does the High Court interpret?

  • Political affiliations of lawmakers.
  • Economic impact of the law.
  • Historical context.
  • Core meaning and scope of the power. (correct)
  • Which case reiterated the core principles of characterisation as a 'well-settled principle' in a joint judgment?

  • Grain Pool of WA (2000)
  • Marbury v Madison
  • Work Choices (2006) (correct)
  • Mabo v Queensland (No 2)
  • How does the High Court categorize legislative powers in Section 51 of the Australian Constitution?

    <p>By subject matter and purposive powers.</p> Signup and view all the answers

    What is an example of a categorization based on subject matter in Section 51 of the Australian Constitution?

    <p>'Trade and commerce with other countries and among the States.'</p> Signup and view all the answers

    How does the High Court's approach to characterisation vary based on the category of legislative powers?

    <p>It takes a slightly different approach.</p> Signup and view all the answers

    According to Sir Owen Dixon, which legislative powers are considered purposive?

    <p>Defence power, external affairs power, and conciliation and arbitration power</p> Signup and view all the answers

    How is the subject of power in most of Section 51 described?

    <p>By referring to legal, commercial, economic, or social transactions or activities</p> Signup and view all the answers

    When is it usual to disregard the purpose or object of legislation?

    <p>When the legislation affects the subject matter</p> 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?

    <p>Re F; Ex parte F (1986)</p> Signup and view all the answers

    Which type of power was NOT mentioned as being purposive by Sir Owen Dixon?

    <p>Railway construction power</p> Signup and view all the answers

    What does the Defence power share with the external affairs power and conciliation and arbitration power?

    <p>They are all purposive powers</p> Signup and view all the answers

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