Commonwealth v Tasmania (Tasmanian Dam Case)
Australia High Court
(1983) 158 CLR 1 (1983)
- Written by John Reeves, JD
Facts
The state of Tasmania (plaintiff) brought suit against the Commonwealth of Australia (the Commonwalth) (defendant) challenging the validity of an act that prohibited the Tasmanian state government from building a dam in Tasmania. The Commonwealth had entered into the UNESCO Convention concerning the Protection of the World Cultural and National Heritage (the convention), which was a treaty. The Commonwealth had passed the challenged act pursuant to its external-affairs power to enforce the treaty. The state of Tasmania argued that the act was not a proper use of the Commonwealth’s external-affairs power and, therefore, was invalid. The state of Tasmania claimed that the convention’s subject matter was not a proper area for international regulation. The Commonwealth, in contrast, argued that the act was a valid use of the external-affairs power. The Commonwealth sought review before the Australia High Court.
Rule of Law
Issue
Holding and Reasoning (Mason, J.)
Dissent (Gibbs, C.J.)
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