COVID-19, border restrictions and section 92 of the Australian Constitution
Article
Gray, Anthony. 2020. "COVID-19, border restrictions and section 92 of the Australian Constitution." Western Australian Jurist. 11 (1), pp. 99-136.
Article Title | COVID-19, border restrictions and section 92 of the Australian Constitution |
---|---|
ERA Journal ID | 201710 |
Article Category | Article |
Authors | |
Author | Gray, Anthony |
Journal Title | Western Australian Jurist |
Journal Citation | 11 (1), pp. 99-136 |
Article Number | 6 |
Number of Pages | 38 |
Year | 2020 |
Publisher | Western Australian Legal Theory Association |
Place of Publication | Redland Bay, Queensland |
ISSN | 1838-6156 |
Web Address (URL) | https://walta.net.au/2020/11/13/forthcoming-book-fundamental-rights-in-the-age-of-covid-19/ |
Abstract | This article considers the likelihood of a successful constitutional challenge to the Western Australian hard border restrictions. Section 92 of the Australian Constitution states that trade, commerce and intercourse among the states is to be absolutely free. Whilst the section is not interpreted literally, it is argued there is a strong case for the provisions to be held constitutionally invalid, though the High Court recently dismissed the challenge. |
Keywords | freedom of trade, commerce and intercourse border restrictions Western Australia COVID-19 |
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 |
Permalink -
https://research.usq.edu.au/item/q5z97/covid-19-border-restrictions-and-section-92-of-the-australian-constitution
683
total views12
total downloads0
views this month0
downloads this month