Business Law
Genre: Law

Discuss why a High Court decision that a recently enacted statute is unconstitutional would be seen by a government as a more serious set-back to its legislative reform programme than a decision by a judge of a State Supreme Court interpreting the meaning of a key provision in the statute in a manner contrary to the Government’s intentions, as demonstrated by the speech of the responsible Minister when he/she introduced the proposed legislation to Parliament.

About the Book

Business Law

Business Law is also Known as Commercial Law.Business Law is the Law that applies on all the rights,Partnership business,contracts or any of the problems comes out in corporate sector than we will solve those problems with the help of Business Law.Courts in Australia have the power of judicial review and to hold act of parliament void by the virtue of being unconstitutional.1 The high court has power to declare legislations as invalid too. It has happened in Australian courts many a times.

Australia underwent extensive legislative reforms in firearms like Port Arthur shootings in Tasmania in 1996 and Monash University shootings in 2002. There were legislative reforms for water resources like water resources legislation amendment bill. Thus many legislative reforms have been brought by the Australian government, one of the latest ones being intellectual property reform in 2013. When bringing about a legislative reform, it is usually taken care of by ministry of the concerned resource or issue like ministry of water resources for water resources legislation amendment bill in conjunction with the cabinet sub-committee on water resources, legislative review and reform team, interdepartmental coordinating committee, department of water and parliamentary counsel.

Now a legislative reform is brought about due to underlying need, a lot of thought process and deliberation. The people involved in bringing a legislative reform are learned, subject matter experts and renowned people in their field. A lot of research goes into bringing a legislative reform. When a state Supreme Court, declares a statute unconstitutional, it either means that not enough due diligence and research went into developing and implementing the legislative reform or wrong interpretation of the provisions of the statute. Now if the government considers this act of court to deem the statute unconstitutional as void, it also reflects its mistrust in the judicial system. The judges in these courts are highly intelligent people, who would interpret a law without any bias and without any hope or desire to get any personal benefit out of it contrary to government, which can gain a lot by making public happier. High courts in Australia have never been afraid to exercise judicial review to strike down legislations in spite of the political pressures surrounding such acts and issues.3 One good example of high court exercising its judicial power to save individual rights is communist party case in 1951. Communist party dissolution act 1950 which led to the dissolution of communist party and led to forfeiting of its property and put restrictions on some civil liberties of people involved with the communist associations.4 The plaintiffs in this case challenged the constitutional validity of this act and spoke for holding this act unconstitutional. After lot argument before the high court carried on for about twenty four days, a decision was given after three months to hold the act unconstitutional by a 6 to 1 majority of the court, thus invalidating the act and holding it unconstitutional.

Disclosure of Material Connection: Some of the links in the page above are "affiliate links." This means if you click on the link and purchase the item, I will receive an affiliate commission. I am disclosing this in accordance with the Federal Trade Commission's 16 CFR, Part 255: "Guides Concerning the Use of Endorsements and Testimonials in Advertising."