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2017 Constitutional Law complete notes
LAW2111 - Constitutional Law
46 Pages • Complete Study Notes • Year: Pre-2021
Commonwealth Law/Act • Head of power/ characterisation o s51(29) - External Affairs (including treaties, extra territoriality, relations with other countries, international concern) o s51 (20) - Corporations o s96 - Grants to the States • Implied Limits/ Prohibitions o SOJP – Cth Level o IGI - Limits on Cth’s ability to bind States o Implied Freedom of Political Communication (IFPC) o Implied freedom to vote • Express Limits o Ss 81, 83 - Appropriation and Expenditure Cth but no Act: • Executive power or spending power s 81 State Law • State Legislative Power - Plenary • Restrictive Procedures (manner and form provisions) • IGI - Implied limits of States’ ability to bind the Cth executive • IFPC • Separation of powers (Kable etc.) Both State & Cth laws • All the above. • S 109 - Inconsistency Either - IFPC
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