Section 92 of the Australian Constitution: the next phase

Gray, Anthony (2016) Section 92 of the Australian Constitution: the next phase. Australian Business Law Review, 44 (1). pp. 35-60. ISSN 0310-1053


This article considers the potential application of s92 of the Australian Constitution to a term of a private contract between businesses. Whilst traditionally the focus of s92 application has been laws, there are strong arguments in terms of principle why the section can also be applied to terms of contracts that might discriminate against interstate trade and commerce. Comparative law and economic principle strengthens this argument.

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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Permanent restricted access to Published version due to publisher copyright policy.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 21 Apr 2016 06:32
Last Modified: 21 Apr 2016 06:32
Uncontrolled Keywords: freedom of trade and commerce, s92, comparative advantage, discrimination, protectionist, protectionism, Cole, Cole v Whitfield
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180108 Constitutional Law
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified

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