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The High Court's approach to section 51 has changed over time. Initially, the court adopted the 'Reserved Powers' doctrine, an interpretive view that the Australian States had implicitly retained competence in core areas, which were unable to be displaced by the Commonwealth even through reliance upon the powers enumerated in s51.
Generally the Commonwealth powers in section 51 can also be legislated on by the states, although Commonwealth law will prevail in cases of inconsistency. [2] However, the defence power must be read in conjunction with other parts of the Australian Constitution — namely, 114.
Australia is a federation and legislative power is distributed between the Commonwealth and the States. Section 51 enumerates areas of Commonwealth power. [6]Section 51(ii) allows the Commonwealth to enact laws in respect of taxation, but so not as to discriminate between States or parts of states.
Section 51(xxxi) is a subclause of section 51 of the Constitution of Australia. [1] It empowers the Commonwealth to make laws regarding the acquisition of property, but stipulates that such acquisitions must be on just (fair) terms. The subclause is sometimes referred to in shorthand as the 'just terms' provision.
Section 51(xxvi) supports the rejection of legal equality requirements when considering legislation otherwise validly enacted under the Constitution. [8] Thus legislation empowered by other constitutional powers, such as in the Northern Territory National Emergency Response, [9] which was empowered by section 122, [10] may be racially ...
Because of the wide scope of the external affairs power, section 51(xxx) has remained largely unused, though it was considered in Ruhani v Director of Police [2] (a case which dealt with the High Court of Australia's ability to hear appeals from the Supreme Court of Nauru) and was held obiter as being "conferred for reasons entirely unrelated to judicial power".
Section 51 (xii) is a subsection of section 51 of the Constitution of Australia, that gives the Commonwealth Parliament the right to legislate with respect to "currency, coinage, and legal tender". Generally, powers in section 51 of the Constitution of Australia can also be legislated on by the states, although Commonwealth law will prevail in ...
Section 51(i) of the Australian Constitution enables the Parliament of Australia to make laws about: . Trade and commerce with other countries, and among the States; [1] The meaning of trade and commerce is clarified in section 98 of the Constitution which provides