UniCramNotes.com - Ace your exams in style with UniCramNotes in town! University Law summaries, cram notes, model exams, case notes    
  UniCramNotes.com - Ace your exams in style with UniCramNotes in town! University Law summaries, cram notes, model exams, case notes

Cram Notes



 

Cram Notes  Cram Notes - 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.

Preview the Federal Constitutional Law Summary Notes

 

First Year Subjects: Contract Law Notes, Criminal Law Notes, Legal Professional Conduct Notes
Second Year Subjects: Property Law Notes, Administrative Law Notes, Business Associations Law Notes
Third Year Subjects: Litigation (Civil Procedure) Law Notes, Litigation (Criminal Procedure) Law Notes, Evidence Law Notes, Federal Constitutional Law Notes
Elective Subjects: Commercial Law Notes, Intellectual Property Law Notes, Legal and Social Theory Notes

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

Preview the Federal Constitutional Law Summary Notes

 

First Year Subjects: Contract Law Notes, Criminal Law Notes, Legal Professional Conduct Notes
Second Year Subjects: Property Law Notes, Administrative Law Notes, Business Associations Law Notes
Third Year Subjects: Litigation (Civil Procedure) Law Notes, Litigation (Criminal Procedure) Law Notes, Evidence Law Notes, Federal Constitutional Law Notes
Elective Subjects: Commercial Law Notes, Intellectual Property Law Notes, Legal and Social Theory Notes

Home | Law Summary Notes | Law Model Exam | Online Law Tutor | Our Method | Free Law Summaries | Law Study Tips

© Copyright UniCramNotes.com


 
 
 
 
 
 
 
 
 
 
UniCramNotes.com - Ace your exams in style with UniCramNotes in town! University Law summaries, cram notes, model exams, case notes
Home
 
Law Summary Notes
 
Law Model Exams
 
Online Law Tutors
 
My Shopping Cart
 
Our Method
 
Free Law Summaries
 
Law Study Tips
 
Follow us on Facebook to be the first to know about specials!