Australia · Year 2 · Constitutional Law
Powers & Implied Rights II
Separation of powers, s 44 and recent cases.
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Show all 9 questions and answers in this book
1.R v Kirby; Ex parte Boilermakers' Society (1956) — held?
Commonwealth judicial power may be vested only in Chapter III courts, and Chapter III courts cannot exercise non-judicial power.
(1956) 94 CLR 254
2.Williams v Commonwealth (2012) — held?
The Commonwealth executive generally needs legislative authority to spend money on programs (school chaplains funding invalid).
(2012) 248 CLR 156
3.Re Canavan (2017) — held?
Under s 44(i), MPs who held foreign citizenship at nomination were incapable of being chosen, regardless of their knowledge, unless they had taken all reasonable steps to renounce it.
(2017) 263 CLR 284
4.Roach v Electoral Commissioner (2007) — held?
A blanket ban on all prisoners voting was invalid; ss 7 and 24 require members to be "directly chosen by the people".
(2007) 233 CLR 162
5.Love v Commonwealth; Thoms v Commonwealth (2020) — held?
Aboriginal Australians (under the tripartite test in Mabo) are not "aliens" under s 51(xix).
(2020) 270 CLR 152
6.NZYQ v Minister for Immigration (2023) — held?
Immigration detention is unlawful when there is no real prospect of removal in the reasonably foreseeable future, overruling Al-Kateb v Godwin.
[2023] HCA 37
7.Constitution s 109?
When a State law is inconsistent with a Commonwealth law, the Commonwealth law prevails and the State law is invalid to the extent of the inconsistency.
Constitution s 109
8.Constitution s 128 — double majority?
A proposed amendment must pass both houses (or one twice) and be approved by a national majority of electors and a majority of electors in a majority of States (4 of 6).
Constitution s 128
9.Outcome of the 2023 referendum on an Indigenous Voice to Parliament?
It was defeated on 14 October 2023: it failed nationally and in every State.
Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023