what are external affairs?

[Newton]

what are external affairs?

[DisaFear]

External Affairs is a country's foreign policy, a set of goals that seeks to outline how that particular country will interact on an official basis with other

Source

Does that help?

[Newton]

Yep , and could you plz just explain how through external affairs Commonwealth can rule over the states residual power? An example is the Tasmanian Dam Case, how come Commonwealth was allowed to make interfere with the states residual power?
Thank You

[Iniquity]

Yep , and could you plz just explain how through external affairs Commonwealth can rule over the states residual power? An example is the Tasmanian Dam Case, how come Commonwealth was allowed to make interfere with the states residual power?
Thank You

Since the High Court interpreted "external affairs" to include anything covered by a treaty, the Commonwealth are allowed to make laws on those areas, even if they were originally residual powers. For example, the Commonwealth were able to prevent Tasmania from building dams on the Gordon and Franklin Rivers. This was because the area where the dam was being constructed had been listed as a protected site under the World Heritage List, a treaty which Australia was a signatory of.

I don't think I worded that very well, but I hope it helps!

[Newton]

Thank you! It really helped!!! and it sounds perfectly fine

[meganrobyn]

Just a minor modification: the term "external affairs" has actually been defined by the HCA as anything "of international concern". ONE way of demonstrating this international concern is to show that the area is covered by a legitimate treaty (as in, a genuine treaty and not one created by the Australian Government only for the purpose of grabbing a residual power).

The Tas Dams case means that the federal parliament can legislate on ANY matter (residual or specific) that they can show is of international concern. One way of showing this concern is showing that they are implementing a treaty with their legislation. There are other ways, such as UN declarations, but treaties are pretty easy ways.

[Newton]

meganrobyn < Have you already done legal studies last year?

[meganrobyn]

meganrobyn < Have you already done legal studies last year?

No, I did Legal a number of years ago!! But, surprisingly enough, the course is much the same I tutor and assess the exam and have a law degree.