What does the external affairs power do?

5.62 The external affairs power is an independent plenary head of power. [49] It supports laws with respect to matters physically external to Australia and laws affecting Australia’s relations with other nations.

What is External Affairs Australia?

According to Chief Justice Barwick in Seas and Submerged Lands Case, the external affairs power extends to anything “which in its nature is external to” Australia, or according to Justice Mason “to matters or things geographically situated outside Australia”.

What section is the external affairs power?

s 51
State this: (The act/law/section in question) may fall under s 51(xxix) of the Constitution, the external affairs power. State this: The external affairs power is both a NON-PURPOSIVE POWER and a PURPOSIVE POWER; it will depend on what aspect of the power is in question.

What does section 51 of the Australian Constitution say?

Section 51 of the Constitution of Australia enumerates the legislative powers granted to Federal Parliament by the Australian States at Federation. Australian States may still enact legislation upon the topics in section 51; but Federal law prevails to the extent of any conflict of laws.

Is external affairs power purposive?

Like the defence power, the external affairs power is therefore purposive: it exists for the purpose of implementing Australia’s international obligations.

Is the external affairs power a purposive power?

The external affairs power (or at least its treaty implementation aspect) is a purposive power. A statute falls within the scope of this power if its purpose is to give effect to a treaty.

What powers does the Australian Constitution vest in the following in relation to international law?

Treaties and the Commonwealth Constitution. 4.1 The Constitution deals with two different powers in relation to treaties. First, there is the power to enter into treaties, which is an executive power. Secondly, there is the power to implement treaties, which is a legislative power.

What is the effect of section 109 of the Constitution?

Section 109 of the Constitution provides: When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.

Is the external affairs power purposive?

What is Section 80 of the Australian Constitution?

Section 80 of the Constitution provides for trial by jury on indictment of any offence against the law of the Commonwealth. This alternative conception identifies s 80 as a constitutional limitation on judicial power, preventing the trial of federal offences on indictment by judge alone.

What is Section 80 of the Constitution?

Section 80 provides that the ‘trial on indictment of any offence against any law of the Commonwealth shall be by jury’. This was because it allowed for waiver of a jury trial for an indictable offence under federal law.

What are express rights Australia?

​The Constitution defines and protects express rights in relation to freedom of religion, discrimination between the States, the right of Australian citizens to trial by jury, free trade among the States and the acquisition of property.

What is the external affairs power of the Australian Parliament?

The constitutional system in Australia enables the Executive Government to commit Australia to treaties at the international level. The External Affairs power in the Constitution [section 51(xxix)] then enables Parliament to enact legislation that may otherwise be outside its legislative power.

Is the Australian Anti-Discrimination Act supported by the external affairs power?

However, the Court accepted that the Act was supported by the external affairs power under s. 51 (xxix) of the Constitution, because it implements obligations under the Convention on the Elimination of All Forms of Racial Discrimination, to which Australia is a party.

Are relations with other countries outside Australia subject to external affairs?

Chief Justice Latham considered that this provision was supported by s. 51 (xxix), because the ‘relations of the Commonwealth with all countries outside Australia, including other Dominions of the Crown, are matters which fall directly within the subject of external affairs’. [8]

What is a federal state in Australia?

A federal state is a way of sharing power between the different levels of government. Like the United States, the Australian Constitution: creates a central government and State governments; distributes power in the federation with the Federal government receiving express grants of power in relation to particular subjects; and