The meaning of an alien in the constitutional universe

Gray, Anthony (2013) The meaning of an alien in the constitutional universe. Australian Journal of Administrative Law, 20 (2). pp. 89-101. ISSN 1320-7105


Abstract

This paper considers the High Court's interpretation of the aliens power in s51(19). It concludes that the Court has unacceptably allowed Parliament to define the meaning of a constitutional word, with the result that the 2004 decision in Singh, to the effect that a person born in Australia could be an alien, and liable to deportation under that head of power, is incorrect, being contrary to earlier High Court precedent, and to international and historical understanding of the concept of an alien.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: This article is provided for research purposes and is not to be reproduced in any way. For permissions contact LTA.permissions@thomsonreuters.com Citation: (2013) 20 AJ Admin L 89
Faculty/School / Institute/Centre: Historic - Faculty of Business and Law - School of Law (1 Jan 2011 - 30 Jun 2013)
Faculty/School / Institute/Centre: Historic - Faculty of Business and Law - School of Law (1 Jan 2011 - 30 Jun 2013)
Date Deposited: 22 Apr 2013 22:45
Last Modified: 04 Feb 2015 01:11
Uncontrolled Keywords: alien; constitution; s51(19); deportation; citizenship
Fields of Research (2008): 18 Law and Legal Studies > 1801 Law > 180108 Constitutional Law
18 Law and Legal Studies > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation
16 Studies in Human Society > 1606 Political Science > 160602 Citizenship
Fields of Research (2020): 48 LAW AND LEGAL STUDIES > 4807 Public law > 480702 Constitutional law
48 LAW AND LEGAL STUDIES > 4804 Law in context > 480410 Legal theory, jurisprudence and legal interpretation
44 HUMAN SOCIETY > 4408 Political science > 440802 Citizenship
Socio-Economic Objectives (2008): C Society > 94 Law, Politics and Community Services > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified
URI: http://eprints.usq.edu.au/id/eprint/23371

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