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Australia · Year 2 · Constitutional Law

Leading Cases

Interpretation, implied rights and Ch III.

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  1. 1.Engineers' Case (1920) — held?

    Rejected the doctrines of reserved State powers and implied intergovernmental immunities; Commonwealth powers are read according to their natural meaning.

    Amalgamated Society of Engineers v Adelaide Steamship Co (1920) 28 CLR 129

  2. 2.Australian Communist Party v Commonwealth (1951) — held?

    The Communist Party Dissolution Act 1950 was invalid; Parliament cannot recite facts to bring a law within power, and the rule of law is an assumption of the Constitution.

    (1951) 83 CLR 1

  3. 3.Commonwealth v Tasmania (Tasmanian Dam Case) (1983) — held?

    The external affairs power (s 51(xxix)) supports laws implementing Australia's treaty obligations (the World Heritage Convention).

    (1983) 158 CLR 1

  4. 4.Lange v Australian Broadcasting Corporation (1997) — held?

    The Constitution implies a freedom of communication on government and political matters, and established the test for whether a law infringes it.

    (1997) 189 CLR 520

  5. 5.Kable v DPP (NSW) (1996) — principle?

    State courts capable of exercising federal jurisdiction cannot be given functions incompatible with their institutional integrity under Chapter III.

    (1996) 189 CLR 51