 
- Federal Constitutional Law Summary Notes!
What's in the Federal Constitutional Law Summary Notes?
Our Federal Constitutional Law Summary Notes will provide you with a clear and complete synthesis of the most important points you need for your Federal Constitutional Law exam. The table of contents of our Federal Constitutional Law Summary Notes is shown below.
Table of Contents for Federal Constitutional Law Summary Notes
1. Introduction. 4
A. How to use Cram Notes. 4
B. Abbreviations. 4
2. Background Principles to apply in Constitutional
Interpretation. 4
A. Heads of powers. 4
B. principles of constitutional
interpretation the Engineers case. 5
i. The position before the Engineers
case. 5
1) Implied Immunity of
Instrumentalities. 5
2) Reserved State Powers. 5
ii. Amalgamated Society of
Engineers v Adelaide Steamship (1920) 28 CLR 129. 5
1) Reactions to the Engineers
Case. 6
3. Principles to apply in Characterisation of the Law within the
Heads of Powers 6
A. The characterisation process. 6
B. Dual Characterisation.. 7
C. Subject-Matter or Legislative
Purpose. 8
i. Subject-matter grants of
power 8
ii. Purposive powers. 8
D. Incidental Power 9
i. Incidental Power and s
51(i) 9
4. Are there Inconsistencies between Commonwealth and State Laws 10
A. Test 1: Impossible to obey
both laws. 10
B. Test 2: One law purports to
confer a legal right, privilege or entitlement that the other law purports to
take away or diminish.. 10
C. Test 3: Where Commonwealth law
evinces intention to cover the field. 11
i. Express intention clause. 12
ii. Clearing the field. 12
iii. Retrospectively covering
the field. 12
D. Operational inconsistency. 12
5. Does the law fall within the Races Power 13
A. Is it necessary to make
special laws. 13
B. Discrimination against
Indigenous Australians. 14
6. Does the law fall within the External Affairs Power 15
A. Relations with Other Countries. 15
B. Matters External to Australia. 16
C. Treaty Implementation An
Initial Approach.. 16
D. Treaty Implementation Modern
Jurisprudence. 17
7. Does the law fall within the Defence Power 20
A. The defence power
distinguished from other powers. 20
B. Times of war 20
C. Cold war 21
D. The war on terror. 22
E. Post-war period.. 23
F. Peace time. 23
8. Does the law fall within the Taxation Power 24
A. The test and definition of
taxation. 24
B. Indicia of items that are not
taxes. 25
i. Fee for Services. 25
9. Does the law fall within the Grants Power 26
A. Discrimination between states. 26
B. Grants to states to do a
certain thing.. 26
C. Commonwealth taxation of
income. 27
10. Does the law hinder Freedom of Interstate Trade and
Commerce 28
A. definitions. 28
B. Discriminatory burden of a
protectionist kind.. 29
i. Is it a discriminatory
burden. 29
ii. Is it of a protectionist
kind. 29
11. Does the law hinder the express guarantee of Trial by Jury 31
A. When does the guarantee apply. 31
B. Effect of the guarantee. 32
12. Does the law hinder the express guarantee of Freedom of
Religion 33
13. Does the law hinder the Implied Freedom Of Political
Communication 34
A. Development of the implied
freedom of political communication.. 34
B. The Lange test 36
i. Freedom of political
communication applied and extended. 36
C. Post-Lange - The modification
of the test by Coleman. 36
14. Were Judicial Powers and Detention procedures
constitutional 37
A. How detention can be ordered
and its implications. 37
B. Punitive Court ordered
detention.. 37
i. Is a Ch III judicial
power being exercised. 37
ii. State Courts - not
incompatible with exercise of Ch III judicial power 37
iii. Federal Courts - not a Ch
III judicial power 39
C. Non-punitive Executive
ordered detention.. 40
i. Detention without
Criminal Guilt 40
ii. Detention of Non-Citizens. 40
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