Constitutional Law assignment
This assignment critically examine the judgments in the Pape case of both the minority and majority. It looks at how the JJ used previous decisions from the AAP case and the Davis v Commonwealth.
Resource Sample
1 Unit: LS 220 Constitutional Law Coordinator: Imtiaz Omar Student: Bradley Bianchin Student Number: 220071850 Word Count: 2986 Title: Case Analysis; Pape v Commissioner of Taxation
2 Introduction 1. The case Pape v Commissioner of Taxation1 was said to be a positive step for Federalism2. The High Court ruled in favour of the Commonwealth, holding that the decision to pay working Australians through the Tax Bonus Act was constitutional. However, the decision from Pape could create consequences for Parliamentary spending. The proposition that the Australian parliament can appropriate funds for whatever schemes it desires without regard to constitutional responsibility does not warrant support from the High Court.
2. The parties in Pape agreed to submit four questions to the High Court for determination, by way of a special case under the Rules of the Court. Questions 2 and 3 are releva...
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