Reinvigorating the trade and commerce power
Article
Article Title | Reinvigorating 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 | 43 (2), pp. 101-120 |
Number of Pages | 20 |
Year | 2015 |
Place of Publication | Sydney, Australia |
ISSN | 0310-1053 |
Web Address (URL) | http://sites.thomsonreuters.com.au/journals/category/journals/australian-business-law-review/ |
Abstract | This article considers the interpretation of the Australian Government's trade and commerce power. It suggests that the current interpretation of the power, which denies that production and manufacture is part of trade and commerce, is unduly narrow. The original conception of the power was very broad, but the High Court, apparently influenced by its interpretation of s92 of the Constitution, progressively narrowed the meaning of trade and commerce. In light of the fact a new approach has been taken to s92, the felt need to (artificially) constrain the constitutional meaning of 'trade and commerce' had disappeared. However, the narrow interpretation remains, hobbling the ability of the federal government to implement an efficient, uniform approach to business regulation. |
Keywords | trade and commerce, manufacture, production, interstate trade and commerce, s92 Constitution, freedom of interstate trade and commerce |
ANZSRC Field of Research 2020 | 480702. Constitutional law |
Public Notes | Files associated with this item cannot be displayed due to copyright restrictions. |
Byline Affiliations | School of Law and Justice |
Institution of Origin | University of Southern Queensland |
https://research.usq.edu.au/item/q2yv9/reinvigorating-the-trade-and-commerce-power
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