Reinterpreting the trade and commerce power
Article
Article Title | Reinterpreting the trade and commerce power |
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ERA Journal ID | 33106 |
Article Category | Article |
Authors | |
Author | Gray, Anthony |
Journal Title | Australian Business Law Review |
Journal Citation | 36 (1), pp. 29-46 |
Number of Pages | 18 |
Year | 2008 |
Place of Publication | Sydney, Australia |
ISSN | 0310-1053 |
Web Address (URL) | http://www.thomson.com.au/catalogue/shopexd.asp?id=656 |
Abstract | This paper argues for an expanded interpretation to be given to the trade and commerce power in s51(1) of the Commonwealth Constitution. It argues that the existing interpretation is too narrow to deal with the kinds of business issues the nation faces in the 21st century. It draws on the American experience with its commerce clause for support for a broader view of the power. |
Keywords | constitutional law; trade and commerce |
ANZSRC Field of Research 2020 | 480702. Constitutional law |
489999. Other law and legal studies not elsewhere classified | |
480699. Private law and civil obligations not elsewhere classified | |
Public Notes | Deposited with permission of publisher. 'This article was published in the (2008) Australian Business Law Review, Volume 36, No. 1, (c) Lawbook Co, part of Thomson Legal & Regulatory Limited' http://www.thomson.com.au. Reproduced with permission. Non-commercial viewing, copying, printing and/or distribution or reproduction of this article or any copy or material portion of the article is permitted on condition that any copy or material portion thereof must contain copyright notice referring 'Copyright (c) 2008 Lawbook Co/Thomson Legal & Regulatory Limited.' Any commercial use of this article or any copy or material portion of the article is strictly prohibited. For commercial use, permission can be obtained from Lawbook Co, Thomson Legal & Regulatory Limited, PO Box 3502, Rozelle NSW 2039. www.thomson.com.au |
Byline Affiliations | School of Law |
https://research.usq.edu.au/item/9yq03/reinterpreting-the-trade-and-commerce-power
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