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Australia Leading Case constitutional

Love v Commonwealth

(2020) 270 CLR 152
JurisdictionAustralia
CourtHigh Court of Australia
Year2020
StatusBinding authority

Summary

Aboriginal Australians with a connection to country are not 'aliens' under s.51(xix) of the Constitution, even if not Australian citizens.

Key Principle

The HCA held (4:3) that Aboriginal Australians with a connection to country through their ancestors cannot be 'aliens' within the meaning of s.51(xix) of the Constitution, even if they are not Australian citizens.

Area of Law

constitutional

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NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs (2023) 97 ALJR 1005

Indefinite administrative detention of a non-citizen with no real prospect of removal is unlawful as punitive and contrary to Ch III of the Australian Constitution, overruling Al-Kateb v Godwin.

Farm Transparency International v NSW (2022) 276 CLR 81

HCA upheld NSW ag-gag laws as valid notwithstanding a burden on the implied freedom of political communication, applying the structured proportionality test.

Palmer v Western Australia (2021) 272 CLR 505

HCA upheld WA COVID-19 border closure legislation as valid under s.92, finding restrictions on interstate movement were reasonably necessary and proportionate to protect public health.

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