Express “Rights": the ACQUISITION OF PROPERTY on JUST TERMS - s 51 (xxxi) | AUSSIE LAW

Section 51 (xxxi) of the Australian Constitution authorises the Commonwealth Parliament to legislate about the acquisition of property on just terms. How is this an express human right of the Constitution of Australia? What is the meaning of s51? What is acquisition? What is property? What are just terms?
0:00 - Section 51 (xxxi)
3:19 - "Acquisition"
4:20 - "Property"
5:24 - "Just Terms"
8:16 - Express Human Right
9:30 - "Purposes"
// This video does not provide legal counselling or opinion about cases. This channel was created for educational purposes only. //
SUBSCRIBE: kzbin.info?s...
*****
PLAYLISTS:
- Constitutional Law - • Constitutional Law
- Constitutional Interpretation - • Constitutional Interpr...
- Australian Government (Executive) - • Australian Government ...
*****
RELATED VIDEOS:
- Tasmania v Commonwealth (1904): How to Interpret the Australian Constitution - • TASMANIA v COMMONWEALT...
- The Characterisation of Laws: Identifying ‘Heads of Powers’ in the Australian Constitution - • CHARACTERISATION of LA...
- Incidental Characterisation: The Incidental Power of Section 51 (xxxix) of the Australian Constitution - • INCIDENTAL CHARACTERIS...
- The “Subject-Matter” and “Purposive” Heads of Power in the Australian Constitution - • Purposive and Subject-...
- Characterisation and Proportionality: Tests to Balance the “means” and “ends” of Commonwealth Legislation - • Characterisation and P...
- The Work Choices Case (2006): The Commonwealth Legislative Power over Constitutional Corporations - • WORK CHOICES CASE (200...
- Tasmanian Dam Case (1983): The Corporations and External Affairs Powers of the Commonwealth - • TASMANIAN DAM CASE (19...
- Express and Implied Rights in the Australian Constitution - • EXPRESS and IMPLIED RI...
*****
RECOMMENDED READINGS:
- The Constitution of the Commonwealth of Australia (Aroney, Gernagelos, Murray and Stellios) : amzn.to/2NaMwDP
- The Annotated Constitution of the Australian Commonwealth (Quick and Garran) : amzn.to/3ewJtjv
- The Constitution of the Commonwealth of Australia Annotated (Lumb, Moens and Trone) : amzn.to/3aHSkxu
- Federal Constitutional Law - A Contemporary View (Joseph and Castan) : amzn.to/3ohX96w
(I earn a small percentage from these qualifying purchases [at no additional cost for you!])
*****
LINKS:
- The Commonwealth of Australia Constitution Act : www.legislation.gov.au/Detail...
McClintock (1947) : jade.io/article/64505
Banking Case (1948) : jade.io/article/64583
Nelungaloo (1948) : jade.io/article/64526
Tasmanian Dam Case (1983) : www.jade.io/article/67055
Clunies-Ross (1984) : www.jade.io/article/67148
Geogiardis (1994) : jade.io/article/67866
*****
TWITTER : / renatosmcosta
ACADEMIC PROFILES :
law.uq.edu.au/profile/11028/r...
www.uq.academia.edu/RenatoSaeg...
#auslaw #australianconstitution #acquisitionofproperty

[@AussieLaw]

SUBSCRIBE: kzbin.info 0:00 - Section 51 (xxxi) 3:19 - "Acquisition" 4:20 - "Property" 5:24 - "Just Terms" 8:16 - Express Human Right 9:30 - "Purposes"

[@katfarmgirl]

This is brilliant. I enjoy your enthusiasm for law and the constitution. I am in my final year of law and these are very helpful videos for auditory learners and accessibility students who struggle to read text books due to injury etc. Many thanks

[@AussieLaw]

Thank you, Kat. That means a lot!

[@kenwu849]

Its great to see this video from Taiwan. I am just curious about what exacly market vaule of the property applies in Australia. Is it meant that lands and houses will be compensation by market value? Is there any example or related laws defining this?

[@MsSilver41]

Like building a road through your house - as happened to my Aunt/ she would have received more had she sold it privately

[@cinemaipswich4636]

The Commonwealth of Australia, and the State Government uses property law as a "Deed Of Grant in Trust". A fools game when it comes to property and contract. You will never "own" any land in Australia, its just a "permit to occupy".