WORK CHOICES CASE (2006): The Legislative Power over Constitutional Corporations | AUSSIE LAW

The Australian Constitution, in section 51 (xx) refers to the power of the Parliament to make laws with respect to corporations. How has this provision been interpreted by the High Court of Australia? In the Work Choices case, we will see how the literal approach to interpreting the Constitution of Australia was used, and how the Commonwealth has been using the corporations power to expand its powers to areas beyond those expressly stated in the Constitution.
0:00 - Intro
0:57 - Facts of the Work Choices case
3:12 - Question before the High Court of Australia
3:44 - Decision of the High Court
5:17 - Justice Gaudron's Interpretation of Section 51 (xx)
6:31 - The High Court's Interpretation of the Corporations Power
8:43 - Summary
// This video does not provide legal counselling or opinion about cases. This channel was created for educational purposes only. //
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RECOMMENDED READINGS:
- Winterton's Australian Federal Constitutional Law (Gerangerlos, Aroney, Murray, Evans, Emerton, Stone) : amzn.to/3vq647V
- The Constitution of the Commonwealth of Australia Annotated (Lumb, Moens and Trone) : amzn.to/3aHSkxu
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LINKS:
- The Commonwealth of Australia Constitution Act : www.legislation.gov.au/Detail...
- Work Choices (2006) : www.jade.io/article/2866
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#auslaw #australianconstitution #corporationspower

[@AussieLaw]

SUBSCRIBE to AUSSIE LAW: kzbin.info 0:57 - Facts of the Work Choices case 3:12 - Question before the High Court of Australia 3:44 - Decision of the High Court 5:17 - Justice Gaudron's Interpretation of Section 51 (xx) 6:31 - The High Court's Interpretation of the Corporations Power 8:43 - Summary

[@greyman003]

This is a good video. I am almost finished my LLB. I am studying corporations law at the moment. Your video is helpful as I start framing an argument. By coincidence, I am also studying workplace law at the same time.

[@cocoy9461]

I'm studying federal constitution, the video is so helpful! It help me to better understand the background of the work choices case. thank you!

[@saifshah3517]

This video was very helpful! thank you.

[@AussieLaw]

Thanks for watching!

[@julietbiemann563]

Super helpful video!

[@yvonnemao9480]

Super helpful !!

[@AussieLaw]

Thanks, Yvonne.

[@user-ly7bc1qh3z]

literal meaning in the broadest way -

[@user-ly7bc1qh3z]

why HCA can pick and choose how they interpret the text - seems biased in favour of Cth

[@stefanelhaj6497]

Good work man i like video please :) very nice one boss , hit the bell and butoon

[@timothy168]

Woof, hot tutor

[@thisguy8258]

0:44 . Sidenote just to let you: . He of the Vatican City never died they just said he did so they did say he was from the dead popes as the case may be. . I am just telling the future

[@1darryloflife]

Of course the States power falls within the Occupational Health and Safety but so as not to allow the regulation of the patient.