Structure of Tasmanian Dams Extended Response 1. Intro (Approx. 150 words) · 2/3 sentences on a summary of the case e.g. location, reasons for/against the dam · Decision made its way to the HCA...

Tasmanian Dams Case


Structure of Tasmanian Dams Extended Response 1. Intro (Approx. 150 words) · 2/3 sentences on a summary of the case e.g. location, reasons for/against the dam · Decision made its way to the HCA (interpreting constitution) · Outcome e.g. No Dam · … because power of the Commonwealth over states e.g. Commonwealth ruled allowed to intervene in state environment affairs · Now you mention your 3 paragraphs to illustrates why the river still free e.g. why Commonwealth prevailed… because of treaty making process, influence on the legal system, how disputes are resolved when Federation Government v State Government Incorporate into every paragraph whether it was in the best interest of the country (that no dam decided) 2. Treaty making process (Approx. 200 words) · Role of the LEJ e.g. this is the process we discussed in class! Cabinet decides to enter into treaty, bill debated, signed, ratified, etc. pg. 122 of textbook (flowchart) · L and E heavily involved in the process but J only involved once dispute arises · External affairs power S51 (xxix) allows Commonwealth to intervene when ‘matter arising under external affairs’. (Decided because it’s an international treaty therefore allowed Commonwealth to intervene) · Why do we enter into treaties e.g. they leave us with benefits and obligations Commonwealth obliged to intervene because of the terms/conditions of the treaty 3. Influences on the legal system (Approx. 200 words) · Look at how laws are made (initiation of legislation) · Discuss role of lobby groups e.g. The wilderness Society, political parties/ideologies, industry, voters · How do all of these groups influence law-making? Protests, campaigns, latter, etc · Refer to PowerPoint notes. 4. Resolution of disputes between Commonwealth and State (Approx. 200 words) · Talk about role of the HCA they have original jurisdiction to interpret constitution · Precedent (following decision of superior courts with similar facts) opportunity to discuss other cases e.g. Mabo, Tech, Bjelke Peterson cases · Division of powers Commonwealth powers constantly expanding (broad interpretation of ‘external affairs’) · CJ Gibbs – role of HCA is to decide whether Commonwealth intervention would be constitutional or not to decide whether Dam would be good for Tasmanian economy