2007 paper

[chumchum]

sooo, i was doing the 2007 paper , and one of the questions was,

Discuss the significance of two High Court cases that have interpreted the Commonwealth Constitution. In your
answer, indicate the impact these cases have had on the law-making powers of the State and Commonwealth
Parliaments.

now i mentioned the franklin dam case
but dont kno another one  . any help

[techhatesme]

The best one is the Roads case (1926) or aka the Tied Grants case

The Roads case confirmed the right of the Commonwealth Parliament to give tied grants. The Commonwealth is able to move into areas of residual power such as road construction because it is able to give money to the states with conditions attached.

[mypurpleundercracka]

try the Brislan's case, it expanded Cth's ability to legislate in respects to "other like services" under s51 (5) of the Constitution which included wireless radio sets and future telecommunication mediums

[chumchum]

thnx guys , yeah i ended up using the telecommunications ones... although the book doesnt explain it very well..

[mypurpleundercracka]

thnx guys , yeah i ended up using the telecommunications ones... although the book doesnt explain it very well..

u could say something along the lines of:

The Brislan’s case of 1935 revolved around the Commonwealth's ability to legislate in regards to “wireless” radio sets. Under 51 (v) of the Constitution, the Cth can legislate in respects to “postal, telegraphic, telephonic and other like services”. Dolcy Williams (Brislan) argued against her charge of not having a wireless radio licence which was a requirement under the Wireless Telegraphy Act 1905  (Cth). Brislan argued that since the term “wireless” was not entrenched within the Constitution the 1905 Act was not applicable nor enforceable since the Commonwealth had no authority to legitimately legislate in respects to “wireless” telecommunications. The High Court however interpreted the term “wireless” as an “other like service” and thereby expanded and broadened S51 (5) of the Constitution. As a result the Cth parliament was able to expand and broaden its ability to legislate and control telecommunications mediums. The interpretation of “wireless” as an “other like service” would also set the scene for control over future telecommunication mediums such as television; as a result to this today the Cth parliament maintains specific power to control and legislate in respects to mass media and telecommunications.

 

[mypurpleundercracka]

brislan is my man. does the job, i used it in the exam with a similar q and worked wonders.

do those high court interpretation cases come up every year? coz im not their biggest fan

[kendraaaaa]

brislan is my man. does the job, i used it in the exam with a similar q and worked wonders.

do those high court interpretation cases come up every year? coz im not their biggest fan

Check past exams

[Fyrefly]

I'm pretty sure I wrote about Brislan's Case and the Franklin Dam Case when I sat this exam.

They both illustrate the general trend of how High Court decisions expand the power of the Commonwealth at the expense of the States'.