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Question: topic constitutional law subtopic corporations power 1000 word limit kirby...

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Topic: Constitutional Law 

Subtopic: Corporations Power

1000 word limit

Kirby J (as a dissenting judge) in the Workchoices cas. Western Australia v Commonwealth (2006) 231 ALR 1 stated:

 

‘The majority judgment potentially cuts a swathe through the nation’s constitutional design, promoting optional or opportunistic federalism…enact laws in almost every sphere of what has hitherto been a state field of law making’

 

Critically Comment on the above statement, by explaining the major decisional principles of the majoriity judgment in the Workchoices case, and the consequences for the scope of the Corporations power s.51 (xx).

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