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Justice Callinan on the Tasmanian Dam Case.(Law)(Ian Callinan)
SIR JOHN LATHAM would have been disappointed at the lack of logic, the flawed analysis and the uninformed comment in Justice Ian Callinan's Latham Lecture ("International Law and Australian Sovereignty", July-August 2005). The following remarks will be confined to his comments on the High Court decision in 1983 in the Tasmanian Dam Case.
Justice Callinan asserts that the reason why[r L some external authority or source was required for Commonwealth "intrusion" into the affairs of Tasmania to prevent the construction of the proposed Franklin dam was the need for a constitutional peg on which to hang the Commonwealth legislation. He asserts that the Tasmanian Dam ...
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- The external affairs power.(Letters)(Letter to the editor)
- Magazine article from: Quadrant Favell, Paul April 1, 2006 700+ words
...the support of three members of the court in the Tasmanian Dam case; second, that by the time the litigation began...Rose blurs the law with the politics surrounding the Tasmanian Dam case which was conducted by the Commonwealth on the basis...
- campaign TRAILS.
- Magazine article from: Habitat Australia December 1, 1999 700+ words
...and indigenous rights issues. Ron Castan provided advice for the applicants in the 1983 High Court hearing of the Tasmanian dam case, which dealt with the respective powers of the state and federal governments. In effect, his arguments stopped...
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...misconceived. EXAMPLES OF DIFFICULT choices are too numerous to mention. A prominent one is the choice in the 1983 Tasmanian Dam Case between wide and narrow interpretations of the Commonwealth's "external affairs" power--one interpretation...
Source: HighBeam Research, Justice Callinan on the Tasmanian Dam Case.(Law)(Ian Callinan)