Photo AI
Question 8
Explain the significance of one case in which the High Court’s interpretation of the Commonwealth Constitution had an impact on the division of law-making powers.
Step 1
Answer
One significant case that illustrates the High Court’s interpretation of the Commonwealth Constitution regarding law-making powers is the Franklin River case (Commonwealth v. Tasmania). This case arose when the Tasmanian government proposed to construct a dam on the Franklin River, which was met with opposition from environmental groups and ultimately led to legal proceedings.
The High Court's decision in this case was pivotal as it affirmed the Commonwealth's power to legislate in relation to the environment under the external affairs power. The court ruled that the Commonwealth could intervene to prevent the construction of the dam based on Australia's international obligations arising from the World Heritage Convention.
This ruling effectively broadened the scope of the Commonwealth’s legislative power, demonstrating that it could enact laws that might override state legislation if they pertained to international treaties. Thus, the case significantly impacted the division of law-making powers by reinforcing the supremacy of Commonwealth law in specific contexts, especially relating to environmental issues, leading to increased federal influence over state matters.
Report Improved Results
Recommend to friends
Students Supported
Questions answered