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?
- 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?
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?
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?
How does the High Court categorize legislative powers 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?
What is an example of a categorization based on subject matter in Section 51 of the Australian Constitution?
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?
According to Sir Owen Dixon, which legislative powers are considered purposive?
According to Sir Owen Dixon, which legislative powers are considered purposive?
How is the subject of power in most of Section 51 described?
How is the subject of power in most of Section 51 described?
When is it usual to disregard the purpose or object of legislation?
When is it usual to disregard the purpose or object of legislation?
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?
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?
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?
