About: R v Burgess; Ex parte Henry     Goto   Sponge   NotDistinct   Permalink

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R v Burgess; Ex parte Henry, is a High Court of Australia case where the majority took a broad view of the external affairs power in the Constitution but held that the interstate trade and commerce power delineated trade and commerce within a state, rejecting an argument that the power extended to activities that were commingled with interstate activities. The court set aside a conviction for breach of the regulations as they went further than was necessary to carry out and give effect to the convention.

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  • R v Burgess; Ex parte Henry (en)
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  • R v Burgess; Ex parte Henry, is a High Court of Australia case where the majority took a broad view of the external affairs power in the Constitution but held that the interstate trade and commerce power delineated trade and commerce within a state, rejecting an argument that the power extended to activities that were commingled with interstate activities. The court set aside a conviction for breach of the regulations as they went further than was necessary to carry out and give effect to the convention. (en)
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  • R v Burgess; Ex parte Henry (en)
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  • http://commons.wikimedia.org/wiki/Special:FilePath/Coat_of_Arms_of_Australia.svg
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  • The King v Burgess; Ex parte Henry (en)
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  • R v Burgess; Ex parte Henry, is a High Court of Australia case where the majority took a broad view of the external affairs power in the Constitution but held that the interstate trade and commerce power delineated trade and commerce within a state, rejecting an argument that the power extended to activities that were commingled with interstate activities. The court set aside a conviction for breach of the regulations as they went further than was necessary to carry out and give effect to the convention. (en)
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  • (en)
  • The implementation of an international treaty is valid where the treaty is bona fide and the subject matter is of international concern. (en)
  • The Commonwealth government's power to regulate interstate trade and commerce does not extend to intrastate trade and commerce. (en)
  • The regulations were invalid because they did not carry out and give effect to the convention. (en)
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