If you vote for me this federal election, the ALP will stop the dam being built!
How are we going to stop them? We have no jurisdiction
is under our jurisdiction! Genius, Hawke!
Add the rivers they're building on to the World Heritage list. It falls under external affairs which -
We'll have to make it our power
YOU HAD NO RIGHT!
ORDER IN THE COURT! After interpreting "external affairs", this is what we have concluded. This includes relationships and deals with other countries. In order to gain credibility on the world stage, Australia must be able to enforce these treaties. Turning these into legislation is a key part of external affairs
Well, thanks to our external affairs powers outlined in section 51 (xxix) of the constitution we do ...
Ridiculous! Before we know it, the states will have no powers left!
Due to the clash, s. 109 has been applied and The commonwealth prevails. Therefore, the dam cannot be built
However, all treaties enforced must be genuine with a legitimate purpose and treaties cannot interfere with restricted parts of the constitution such as express rights.
The division of powers has shifted as the commonwealth now has means to make laws on matters that are residual powers. If necessary to enforce an international treaty, division of power further shifts in favour of the commonwealth