The Power Of Race Power

Submitted By hazz29

Words: 524

Pages: 3

Open Document

race power

S 51(xxvi): Parliament can make laws with respect to the people of any race, for whom it is deemed necessary to make special laws. ❖ Kartinyeri v Cth: (1) Legislation can be “with respect to” a s 51 subject matter without operating on everything in that subject matter. (2) s 51(xxvi) can be used to discriminate against people of a particular race. ➢ *Heritage Protection Act gave ministers power to declare the protection of an area, which Aboriginals can apply for. ➢ *Hindmarsh Island Bridge Act excluded from HPA’s operation the area around the Hindmarsh Island. ➢ Legislation under s 51(xxvi) may validly operate on only some people of the particular race. ➢ Brennan & McHugh: If Parliament can enact a law, it can repeal/amend that law ( the HPA is valid, so the HIBA which amends the HPA is also valid. ➢ Gaudron: s 51(xxvi) does not confer power to make any laws for people of a race. The extra words “for whom it is deemed necessary to make special laws” mean there must be some special difference that pertained to that race, but not to other races. Therefore, in order to make a valid law under s 51(xxvi), the law must be connected to the difference. The test of this connection is reasonable proportionality. ▪ Eg. If a race is susceptible to illness, Parliament can make law to provide for health of that race, if the means of achieving that end is reasonably appropriate & adapted. ▪ It is irrelevant whether the law is positive or negative. ▪ Laws of manifest abuse are not reasonably appropriate & adapted to the difference ( invalid. ➢ Gummow & Hayne: If a law has a direct legal effect on people of a particular race, and differentiates that race from other races, then that law is valid under s 51(xxvi). ➢ Kirby (dissent): When interpreting a power, it must be done in the context of international laws & values. Since anti-discrimination was an international standard when the referendum was passed in 1967,

Essay on Exam Notes

Exam Notes Spotify - 4P’s Product - Product innovation refers to innovation in the product/service that an organisation offers The radical product innovation lies in its simplicity, speed and easy to use interface, which is a format that is structurally superior to previous streaming services such as Pandora. The product is provided to consumers via an instantaneous streaming service through a ‘Freemium’ and ‘premium’ model. Product innovation is also demonstrated with its strong integration…

Words 1219 - Pages 5

A Note On The AP Statistics Exam

following exam tips were written by Sanderson Smith of the Cate School, Carpinteria, California, and Daren Starnes of The Webb Schools, Claremont, California, and are used with permission. The Exam Itself To maximize your score on the AP Statistics Exam, you first need to know how the exam is organized and how it will be scored. The AP Statistics Exam consists of two separate sections: |Section 1 |40 Multiple-Choice |90 minutes |Counts 50% of the exam score.…

Words 4235 - Pages 17

Exam #1 Notes Essay

Rec 101 Exam #1 Notes from Lectures The 3 Leisure Service Industries * Public * City of Waterloo Recreation + Leisure Services * Non-profit * YMCA, Girl Guides * Commercial * Amusement Parks, hotels, resorts The Commercial Sector * Profit motive * Customer loyalty is important (repeat customers drive profits) * Purveyor of goods + services Not-For-Profit Sector (NFP) * Social welfare orientation (helps others) * Serves specific groups/social…

Words 3685 - Pages 15

exam notes Essay example

POLS 2300 – Canadian Politics and Governance Exam Notes Multiple Choice (30) and Essay Section (2/3) MC will cover the chapter after the second quiz (Pages 311-340; Chapters 4, 13-16) Essay topics revolve around: (1) Party Systems, (2) Federalism, (3) Aboriginal Rights and Freedom, (4) Policies? Pages 311-340: Parties and Elections (Chapter 10) 2000 Election: The 2000 election was called for no better reason than what appeared to be its winnability (by the Canadian Alliance) – Stockwell Day…

Words 4243 - Pages 17

Essay Notes for Exam 1

John Austin 1820’s Begins school of thought about nature of law Legal Positivism- Plain fact view Natural Law Command Theory of Law Set of command that is issued by some entity (government), where the entity is characterized by its ability to get people to follow commands Law only exists because of the power of an entity to make the general public accept their existence (Law is coercive) John S. Mill Harm Principle The legitimate ends of coercive law is to prevent persons from harming…

Words 4671 - Pages 19

Christianity Exam Notes Essay

Christianity General Introduction The largest religion in the world (by number of followers) It was founded upon the life and teachings of Jesus Christ It played a key part in the history and culture of Western civilization. It contains a great variety of beliefs and practices. It began as a movement within Judaism in the first century CE. It is a missionary religion The main message is love and brotherhood Life of the Founder Jesus Christ Christians believe that He is the Son of G-d who was sent…

Words 2288 - Pages 10

Exam 1 Notes Essay

Organiztional Behavior- The study of what people think, fell, and do in and around organizations. Organizations- Groups of people who work interdependently Organizational effectiveness- “ultinmate dependent variable”- The outcome that theories of OB are trying to achieve. THE FOUR PERSPECTIVES Open Systems Perspective- views organizations as organisms that “live” within an excternal environment. A perspective which holds that organizations depend on the external environment for resources, affect…

Words 3210 - Pages 13

Chapter 19 Exam Notes Essay

Exam T A B L E 1 9 - 1 (DeBruyne 503) DeBruyne, Linda K., Kathryn Pinna, Eleanor Whitney. Nutrition and Diet Therapy, 8th Edition. Cengage Learning, 2011-06-20. VitalBook file. Exam Malabsorption can therefore be caused by pancreatic dis- orders that result in enzyme or bicarbonate deficiencies, conditions that lead to bile deficiency, and inflammatory conditions or medical treatments that damage intes- tinal tissue. In some cases, the treatment of an intestinal disorder requires surgical removal…

Words 4170 - Pages 17

Final Exam Notes Essay examples

Locus of control - refers to the extent to which individuals believe they can control events affecting them (external, internal) Stress – a state of mental or emotional strain or tension resulting from adverse or very demanding circumstances. Fixed mindset - students believe their basic abilities, their intelligence, their talents, are just fixed traits. They have a certain amount and that's that, and then their goal becomes to look smart all the time and never look dumb. Chapter 1 Global marketplace…

Words 5896 - Pages 24

Ap Exam Notes Essay

The 2009 Advanced Placement U.S. History Exam Section I Multiple Choice--80 Questions--55 minutes--50% of grade • To pass, one must correctly answer approximately 60% of questions • 1/4 point deducted for each incorrect answer--guess only if at least one choice can be eliminated • 1/6 of questions deal with U.S. history through 1789 • 1/2 of questions deal with 1790-1914 • 1/3 of questions deal with 1915-present Section II Three Essays--130 Minutes--50% of grade Two Standard essays…

Words 322 - Pages 2