Tag: state legislative power

Dancing with Dicey: A Century of Flexible State Constitutions

BY CHRIS PIGGOTT-MCKELLAR

One hundred years ago this month, rumblings that the constitutional ground in Australia was about to shift underfoot were felt when the High Court handed down its decision in McCawley v R (1918) 26 CLR 9 (‘… Read the rest

Burns v Corbett: Courts, tribunals, and a new implied limit on state legislative power

BY STEPHEN MCDONALD

In Burns v Corbett, the High Court unanimously held that State tribunals that are not State courts cannot exercise judicial power with respect to any of the classes of matters listed in ss 75 and 76 … Read the rest

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