Constitutional Law - Characterisation? (1 Viewer)

[Trinitytrinity]

Can someone expain to me in what sitution we have to use "Characterisation" to resolve a consitutional question. Is that any powers that under s51?...... It is so confusing!! I have read this topic many times but i am still having problem!!

 

[MoonlightSonata]

As you know, the Commonwealth government can only make laws that it has been given the power to make under s 51 of the constitution.

Sometimes an individual, business or State will challenge a Commonwealth law, claiming that the Federal Parliament did not have the power to pass it, since it is not a law "with respect to" a given subject matter under s 51. So the High Court must interpret both the impugned law and the section of the constitution in question to resolve the matter.

'Characterisation' in Australian constitutional law is thus the process of determining whether a law comes within a head of power under s 51.

 

[Frigid]

if every time you read the word 'characterisation', you think 'statutory construction of constitutional text', then it might be a bit easier.

just as reading a statute has rules, reading constitutional text has rules.

 

[Trinitytrinity]

Thanks a lot. It makes sense to me now