Reinterpreting the trade and commerce power

Gray, Anthony (2008) Reinterpreting the trade and commerce power. Australian Business Law Review, 36 (1). pp. 29-46. ISSN 0310-1053

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Abstract

This paper argues for an expanded interpretation to be given to the trade and commerce power in s51(1) of the Commonwealth Constitution. It argues that the existing interpretation is too narrow to deal with the kinds of business issues the nation faces in the 21st century. It draws on the American experience with its commerce clause for support for a broader view of the power.

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Item Type:	Article (Commonwealth Reporting Category C)
Refereed:	Yes
Item Status:	Live Archive
Additional Information:	Deposited with permission of publisher. 'This article was published in the (2008) Australian Business Law Review, Volume 36, No. 1, (c) Lawbook Co, part of Thomson Legal & Regulatory Limited' http://www.thomson.com.au. Reproduced with permission. Non-commercial viewing, copying, printing and/or distribution or reproduction of this article or any copy or material portion of the article is permitted on condition that any copy or material portion thereof must contain copyright notice referring 'Copyright (c) 2008 Lawbook Co/Thomson Legal & Regulatory Limited.' Any commercial use of this article or any copy or material portion of the article is strictly prohibited. For commercial use, permission can be obtained from Lawbook Co, Thomson Legal & Regulatory Limited, PO Box 3502, Rozelle NSW 2039. www.thomson.com.au
Faculty/School / Institute/Centre:	Historic - Faculty of Business - School of Law (1 Apr 2007 - 31 Dec 2010)
Faculty/School / Institute/Centre:	Historic - Faculty of Business - School of Law (1 Apr 2007 - 31 Dec 2010)
Date Deposited:	10 Mar 2008 05:08
Last Modified:	15 Nov 2018 01:36
Uncontrolled Keywords:	constitutional law; trade and commerce
Fields of Research (2008):	18 Law and Legal Studies > 1801 Law > 180108 Constitutional Law 18 Law and Legal Studies > 1801 Law > 180116 International Law (excl. International Trade Law) 18 Law and Legal Studies > 1801 Law > 180105 Commercial and Contract Law
Fields of Research (2020):	48 LAW AND LEGAL STUDIES > 4807 Public law > 480702 Constitutional law 48 LAW AND LEGAL STUDIES > 4899 Other law and legal studies > 489999 Other law and legal studies not elsewhere classified 48 LAW AND LEGAL STUDIES > 4806 Private law and civil obligations > 480699 Private law and civil obligations not elsewhere classified
URI:	http://eprints.usq.edu.au/id/eprint/3973

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