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Article: Constitutional choices in the Work Choices case, or what exactly is wrong with the reserved powers doctrine?(Australia)
- Article from:
- Melbourne University Law Review
- Article date:
- April 1, 2008
- Author:
CopyrightCOPYRIGHT 2008 Melbourne University Law Review. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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[The decision of the High Court in the Work Choices Case presents a paradox. It is possible on one hand to read it as a revolutionary decision which has up-ended our conventional understanding of the scope and nature of the Commonwealth's power over industrial relations, with significant long-term implications for the balance of power between Commonwealth and state governments. On the other hand, it is possible to read the outcome as entirely predictable in terms of established principles and methods of constitutional interpretation, themselves the culmination of a long line of cases dealing with federal legislative power generally and the corporations power in particular. ...