Australian Constitutional Independence and Law in the Twentieth Century

Flashcards reviewing key events, legislation, and figures in Australian legal history from the early federation to the Mason Court era.

White Australia Policy

A policy prominent during the early federation that aimed to restrict non-European immigration to Australia.

Immigration Restriction Act 1901 (Cth)

An Act of the Commonwealth that was part of the White Australia Policy and aimed to limit immigration through language testing.

Natal

The proposal of an English dictation test was influenced by this location.

Immunity of Instrumentalities

A constitutional doctrine protecting States' rights during the early interpretation of the Constitution.

Reserve Powers

A constitutional doctrine protecting States' rights during the early interpretation of the Constitution.

The Engineers' Case (1920)

A High Court case that rejected the doctrine of implied prohibitions and State reserved powers.

Federal Supremacy

The principle established by the Engineers' Case, stating that federal laws prevail over inconsistent State laws.

Literal Interpretation

The rule established by the Engineers' Case that the powers in the Constitution are to be interpreted literally.

Egon Kisch

A person refused entry to Australia in 1933 for a Peace Conference.

Scottish Gaelic

The language Kisch was tested under the Immigration Act 1901 (Cth).

1919

The year the Treaty of Versailles occurred.

1926

The year the Balfour Declaration occurred.

1931

The year the Statute of Westminster occurred.

1942

The year the Statute of Westminster Adoption Act occurred.

Naval Discipline Act 1866 (UK)

The Act applied in the Murder on HMAS Australia (1942) case.

1942

The year the Curtin Labor Government ratified the Statute of Westminster.

Communist Party Dissolution Act 1950 (Cth)

The Act commenced in 1950 that Menzies created.

1950

The year the hearing for The Communist Party Case occurred.

1951

The year the referendum was proposed to add s 51A to the Constitution regarding The Communist Party Case.

Marbury v Madison

The axiomatic judicial review case referenced in Australian Communist Party v Commonwealth (1951).

1972

The year Gough Whitlam became Prime Minister.

1975

The year NSW Senator Lionel Murphy was appointed to the High Court.

11 November 1975

The date that Whitlam was dismissed, and Fraser was commissioned as Prime Minister.

1977

The year of the referendum that approved of Menzies-McLarty Convention.

Canada Act

The Act that Canada created in 1982 that was a precursor.

1968

The year appeals ended from HCA on Constitutional matters and Federal jurisdiction.

1975

The year appeals from the High Court on State matters stopped.

1986

The year appeals from State Supreme Courts started to end.

United Kingdom Parliament’s power to legislate for Australia terminated.

The outcome of the Australia Acts 1986

Freedom of interstate trade (s 92) interpreted as prohibiting protectionism

One of the significant legal revisions by the Mason Court.

Prohibition of discrimination on basis of interstate residence (s 117)

One of the significant legal revisions by the Mason Court.

Freedom of political communication

One of the significant legal revisions by the Mason Court.

Recognition of native title in land

One of the significant legal revisions by the Mason Court.