Process of Characterisation
Paper on characterisation and related cases
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Chapter
16
–
Process
of
Characterisation
• Sections 51 & 52 assign legislative powers to Cth Parliament.
• Characterisation = process of determining whether a law falls within one of these heads of power.
• The question is whether the law relates to the subject matter or purpose of the heads of power in a
way that allows it to be described as a law “with respect to” that head of power.
• Simplest view of ‘characterisation’& the judicial re...
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