"Implied Immunity" or "Implied Immunities of Governmental Instrumentalities" was a doctrine established by the High Court of Australia in 1904, in the case D'Emden v Pedder. According to this principle of constitutional law, the States and the Commonwealth of Australia should not legislate in such a way that would interfere with the other government's instrumentalities. In this video, we will analyse this case and understand more about the doctrine of "implied immunities" and its relevance for Australian constitutional law.
0:00 - Intro
0:46 - Facts and Question
1:26 - Decision of the High Court of Australia
1:55 - Unconstitutionality (s 52)
3:46 - Reasoning
4:33 - Implied Powers
6:01 - Implied Immunity of Governmental Instrumentalities
7:18 - Similar cases
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Do you want to learn more about Australian Constitutional Law? Do you want to understand the basic concepts and principles of the Australian Constitution? You've come to the right place! Welcome to AussieLaw, the channel where we explain the facts, concepts, principles, and legal provisions of the Constitution of Australia (and of Australian Public Law in general). I hope you will enjoy our short videos!
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RECOMMENDED READINGS:
- The Annotated Constitution of the Australian Commonwealth (Quick and Garran) : https://amzn.to/3ewJtjv
- Winterton's Australian Federal Constitutional Law (Gerangerlos, Aroney, Murray, Evans, Emerton, Stone) : https://amzn.to/3vq647V
- Federal Constitutional Law - A Contemporary View (Joseph and Castan) : https://amzn.to/3ohX96w
- Hanks' Australian Constitutional Law (Clarke, Keyzer, Stellios) : https://amzn.to/34DrFyz
(I earn a small percentage from these qualifying purchases [at no additional cost for you!])
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LINKS:
- D'Emden v Pedder (1904) : https://jade.io/article/61502
- The Commonwealth of Australia Constitution Act : https://www.legislation.gov.au/Details/C2013Q00005
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