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Hi Niamh,

when answering the question, do I answer in regard to the emergency powers in realtion the bushfires or emergency powers in general

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Hi Niamh,

I was  wondering if such negotiationss butween the state and federal government to pass such law already exist?
Also, to asses whether it's constitutionally valid I have to have a head of power or a piece of legislation to assess  it with. i'm struggling

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Hi Niamh,

I was wondering whether incorporating federalism into my answer for whether emergency powers would transfer too much power to commonwealth would be relevant?

Thanks.

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Hi Niamh,

Just quickly, I know there are multiple forms of negotiations between the two levels of Government but do you think it would be enough to mention one in pure detail (due to the page limit) as opposed to mentioning several  briefly?

Thank you.

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Just wondering if the term success applies to the emergency power having functionality (rather than being construed too narrowly to ever be applied etc) and if the interpretation of other Commonwealth powers by the High Court (particularly those studied in the weekly readings) should be compared. With those two questions in mind, would we be required to consider various ways in which the proposed power could be written (either in legislation or the proposal in a referendum) which would drastically impact its' likelihood of being passed and applied as well as draw connections to how other constitutional sections and narrow/broad terms are construed by the High Court?

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In regards to assessing whether a referendum would likely pass, do we need to discuss the proposed change passing through the Houses of Parliament, or just the people voting part?

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Hi, is the assignment question purposely worded so that we must use case law/interpretative techniques in relation to state/Cth negotiations?

In many of the journal articles I have found, the examples of state/Cth negotiations are in the form of new legislation passing, rather than case law.

Would it be OK to refer to case law and interpretative techniques in relation to the 'balance of power' argument and the referendum discussions, while relying on legislation to demonstrate the state/Cth negotiations?

hope this makes sense, thanks

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Hi!
Not sure if this is too specific, however do we discuss each existing interpretation method, or just those that are relevant and discuss those in detail?

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Hi Niamh,
Just a quick question relating to what is meant by the word "success" in the assignment. Are you asking us to talk about whether a referendum or negotiations has a higher chance of actually allowing the emergency powers to be created OR are you asking us to discuss which method would have the greatest success into the future?

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Hi Niamh,
This might be too specific, but are the powers which the Cth wants (power to declare a national state of emergency and call out the Defence force) the 'emergency powers', or are there other emergency powers the Cth wishes to have which aren't limited to those listed above?

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When it asks to give examples of cases and interpretive techniques could we also use other examples such as the creation of the Corporations Act 2001 when discussing State and Commonwealth negotiations?
Or would it become too irrelevant?

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Question about legislation and referendum

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Question about legislation and referendum

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Hi Niamh,

I'm just confused about one thing. Is it valid to consider the process in which a referendum (double referendum) or a piece of legislation (bicameralism) would be made when considering the balance of power between the state and Commonwealth? I'm just confused on how this would exactly link to the power to declare a state of national emergency.  I see it as just a small idea that could reinforce an argument.

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Hi Niamh,

When referring to negotiations, is it negotiations that would take place at the time of passing a bill?

Not sure if I am missing something, but if the Commonwealth and states were to reach an agreement, why would it need to be interpreted by the High Court at any stage?

Is it asking that we a consider a theoretical life cycle of negotiations? From the likeliness of agreement to the possibility of potential recourse from States?

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I have re-attempted the Week 3 Activity as I was concerned that I did not fully understand the content addressed in this week. I felt that under Gaudron’s ‘Narrow View’ of the Race Power, the Welfare Act would be deemed as invalid due to part (a) of the Act which places conditions on ATSI Communities to access welfare creating a new form of disadvantage/ detriment. Therefore I have re-written my response to the activity shaping my answer based on what was discussed in class. I would appreciate any further feedback one could provide below. However my burning questions are:
1. At what point would a law be characterised as an incidental exercise of power under ‘The Race Power’? Is it only where a law does not mention a race in its subject matter but expressly or implicitly ‘seeks to remedy a point of difference between the race and other races’?
2. Are all of the principles listed in Gaudron’s view in the HINDMARSH ISLAND the basis for the Incidental Test OR is it only her Proportionality Test/ Manifest Abuse Test and Kirby’s Rights Test that would be used to test if the law is an incidental exercise of The Race Power?
3. If the Broad view rendered a law invalid, but the Narrow view rendered a law valid – which view would outweigh the other?

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I understand from a previous question that we need to consider a referendum and Commonwealth/state negotiations. Do we need to discuss them both equally or can we focus more on one more than the other?

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Clarification regarding state/commonwealth negotiations  

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Clarification regarding state/commonwealth negotiations  

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Hi Niamh,

Regarding state/commonwealth negotiations part of the question are we to discuss s 51(vi) of the Constitution and how the negotiations would have to consider the head of power and how a law regarding natural disasters could be adapted to s 51(vi) with certain interpretative techniques or should we just be discussing passing the power to the Commonwealth and how that would effect the division of powers and the checks and balances it enforces?

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Should we focus on answering the question in two stages

I.E Talk about emergency powers and whether it would lead to tilt in balance of power and then from that talk about whether negotiations or referendum would be successful

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Hi Niamh,

I have a quick question about referencing.  With Australian Strategic Policy Institute articles, do they fall under electronic newspapers or research papers, thesis and other documents?

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has the due date for the assignment changed or will it still be due monday of week 7?

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has the due date for the assignment changed or will it still be due monday of week 7?

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Should we use subheadings for each paragraph? I know in other subjects this is preferred. Thanks

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Hi Niamh,

The question asks us to consider Constitutional interpretive techniques but I'm having trouble understanding what needs to be interpreted; existing sections in the Con. or if there was to be a referendum and change the Con.?

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In regards to the "negotiations", is that referring to the Commonwealth passing laws with permission from the states, or does it mean the state will enact legislation on behalf on the Commonwealth to give them power?

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Which topics/weeks should we be focusing on?

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Is week 4 moved to two weeks later after new mid session break or are we continuing straight through?

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Are we supposed to discuss both avenues mentioned in the assignment “assess the likelihood of success of either state/commonwealth negotiations or a referendum” are we to only discuss one and mention the other loosely or are we to choose one path to talk about for the entirety of the essay