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3 Cards in this Set
- Front
- Back
Dignan's Case (1931)
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- Transport Workers Act
- empowered G-G to make regulations 'with respect to the employment of transport workers' - enactment gave government almost complete discretionary power over a large area - HC affirmed validity of delegation - Dixon J: power may be invalid where the subject matter is so wide that 'it is not a law with respect to any particular head of legislative power' |
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Huddart Parker v Moorehead (1909)
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Definition of judicial power:
- existence of a controversy or dispute - an impact on existing rights relating to life, liberty or property - decision must be conclusive and binding |
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Re Judiciary Act (1921)
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- concerned a provision allowing the Cth Attorney-General to seek the HC's advice on the constitutional validity of legislation
- HC held that the provision was invalid - Federal courts cannot provide hypothetical opinions in the absence of an actual dispute |