Category Archives: Constitutional law

German Unification Treaty

ON 31 AUGUST 1990, the German Unification Treaty was signed, amending the Basic Law for the Federal Republic of Germany.

Click to access unification_treaty.pdf

Lawyer
Peter O’Grady
BA, LLB, Grad Cert Leg Prac, Acc Spec Lawyer

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Bropho v Western Australia [1990] HCA 24

ON 20 JUNE 1990, the High Court of Australia delivered Bropho v Western Australia [1990] HCA 24; (1990) 171 CLR 1 (20 June 1990).

http://www.austlii.edu.au/au/cases/cth/HCA/1990/24.html

There is no basis in principle for unqualified insistence that the rule be applied inflexibly that the Crown is presumed not to be bound by legislation unless the presumption is overturned by either express words or necessarily implication. The strength of the presumption will depend on the circumstances, including the content and purpose of the statute.

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Street v Queensland Bar Association [1989] HCA 53

ON 16 NOVEMBER 1989, the High Court of Australia delivered Street v Queensland Bar Association [1989] HCA 53; (1989) 168 CLR 461 (16 November 1989).

http://www.austlii.edu.au/au/cases/cth/HCA/1989/53.html

Section 117 of the Australian Constitution provides: “A subject of the Queen, resident in any State, shall not be subject in any other State to any disability or discrimination which would not be equally applicable to him if he were a subject of the Queen resident in such other State”.

The Rules of Court for Barristers applying for admission in Queensland were held to not apply to Mr Street as they contravened s117 of the Constitution by requiring him to have an intention of practising principally in Queensland.

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Cole v Whitfield (“Tasmanian Lobster case”) [1988] HCA 18

ON 2 MAY 1988, the High Court of Australia delivered Cole v Whitfield (“Tasmanian Lobster case”) [1988] HCA 18; (1988) 165 CLR 360; (1988) 78 ALR 42; (1988) 62 ALJR 303 (2 May 1988).

“Constitutional Law (Cth) – Freedom of interstate trade and commerce – Prohibition by State law of sale of undersize crayfish – Application to crayfish brought for sale from another State – The Constitution (63 & 64 Vict. c. 12), s. 92 – Sea Fisheries Regulations 1962 (Tas.), reg. 31(1) (d).”

http://www.austlii.edu.au/au/cases/cth/HCA/1988/18.html

A Tasmanian law that prohibited the possession of undersized lobsters imported from South Australia was upheld as not infringing the free trade provisions of s92 of the Constitution as it was not discriminatory in a protectionist sense.

Miller v TCN Channel Nine Pty Ltd [1986] HCA 60

ON 21 OCTOBER 1986, the High Court of Australia delivered Miller v TCN Channel Nine Pty Ltd [1986] HCA 60; (1986) 161 CLR 556 (21 October 1986).

http://www.austlii.edu.au/au/cases/cth/HCA/1986/60.html

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Sydney, Australia

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1986 | Australia Act

ON THIS DAY in 1986, the Australia Act 1986 (Cth) commenced.

http://www.austlii.edu.au/au/legis/cth/consol_act/aa1986114

Kirmani v Captain Cook Cruises Pty Ltd (No 1) [1985] HCA 8

ON 27 FEBRUARY 1985, the High Court of Australia delivered Kirmani v Captain Cook Cruises Pty Ltd (No 1) [1985] HCA 8; (1985) 159 CLR 351 (27 February 1985).

http://www.austlii.edu.au/au/cases/cth/HCA/1985/8.html

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Sydney, Australia

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1982 | Constiution of China

ON 4 DECEMBER 1982, the Constitution of the People’s Republic of China was adopted.

http://english.gov.cn/2005-08/05/content_20813.htm

Lawyer
Peter O’Grady
BA, LLB, Grad Cert Leg Prac, Acc Spec Lawyer

R v Toohey; Ex parte Northern Land Council [1981] HCA 74

ON 24 DECEMBER 1981, the High Court of Australia delivered R v Toohey; Ex parte Northern Land Council [1981] HCA 74; (1981) 151 CLR 170 (24 December 1981).

Delegated legislation of the Governor in Council is invalid if made for an improper purpose, namely, a purpose which is not within the scope of the empowering legislation, even if it appears valid on its face. The Crown and its agents are not immune from challenge when acting not in good faith or for ulterior purpose.

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Sydney, Australia

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Attorney-General (Vic); Ex Rel Black v Commonwealth (“DOGS case”)

ON THIS DAY in 1981, the High Court of Australia delivered Attorney-General (Vic); Ex Rel Black v Commonwealth (“DOGS case”) [1981] HCA 2; (1981) 146 CLR 559 (2 February 1981).

http://www.austlii.edu.au/au/cases/cth/HCA/1981/2.html