Section 51(xxx) of the Constitution of Australia on:
[Wikipedia]
[Google]
[Amazon]
Section 51(xxx) of the Constitution of Australia grants the Commonwealth the power to make laws with respect to "the relations of the Commonwealth with the islands of the Pacific".
At the time of drafting, there were concerns that the power was not necessary, as the external affairs power, contained in section 51(xxix) was broad enough that it already contained this power. In his speech, Edmund Barton summarised the situation as follows:
It was later suggested that the external affairs power and the power to regulate the relations of the Commonwealth and the Pacific islands be combined, for example "external affairs, including the relations of the Commonwealth with the islands of the Pacific", although this was not eventually followed up.
History
At the time of drafting, there were concerns that the power was not necessary, as the external affairs power, contained in section 51(xxix) was broad enough that it already contained this power. In his speech, Edmund Barton summarised the situation as follows:
It was later suggested that the external affairs power and the power to regulate the relations of the Commonwealth and the Pacific islands be combined, for example "external affairs, including the relations of the Commonwealth with the islands of the Pacific", although this was not eventually followed up.
Application
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'' (a case which dealt with the High Court of Australia's ability to hear appeals from theSupreme Court of Nauru
The Supreme Court of Nauru was the highest court in the judicial system of the Republic of Nauru till the establishment of the Nauruan Court of Appeal in 2018.
Constitutional establishment
It is established by part V of the Constitution, adop ...
) and was held ''obiter
''Obiter dictum'' (usually used in the plural, ''obiter dicta'') is a Latin phrase meaning "other things said",'' Black's Law Dictionary'', p. 967 (5th ed. 1979). that is, a remark in a legal opinion that is "said in passing" by any judge or ar ...
'' as being "conferred for reasons entirely unrelated to judicial power".
Notes and references
Notes
References
{{Constitution of Australia Australian constitutional law