high court interpretations of altering the constitution

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Last updated 9:56 AM on 6/4/26
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13 Terms

1
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Spence v Qld 2019

Cooperative, limiting the federal power over state decisions, as the high court recognises the states' powers and the role they play within the commonwealth regarding state elections.

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Section 51xxxvi

Limiting what the parliament can do regarding federal elections. Worked along with s10 and s31, allowing state laws to govern federal elections.

3
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Section 10

Allows for state laws to govern the senate elections.

4
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Section 31

Allows for state laws to govern the house of representatives elections.

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Palmer v wa 2021

Cooperative, upholding the state's ability to make laws regarding public health.

6
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Section 92

Stating that trade and commerce between states should be completely free.

7
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Vanderstock v Victoria 2023

Coercive, broadened the definition of what an excise was and allowed the parliament to interpret excise as they see fit.

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Section 90

Gives federal government the ability to make all laws over taxes customs and excise.

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Commonwealth v Tasmania 1983

Coercive, allowed for Australia to make laws when Australia enters an international treaty.

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Section 51xxix

Gives the federal government the rights to make laws on external affairs and use treaties to legislate on issues.

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Engineers v Adelaide 1920

Coercive as the power of implied immunity was part of the government's abilities as part of conciliation and arbitration.

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Section 51xxxv

Reserve powers doctrine ruling that federal powers should be interpreted broadly under the corporations power.

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Ha v nsw 1997

Coercive, allowed for a larger concentration of power by the federal parliament with regards to money and taxation.