COVID-19, border restrictions and section 92 of the Australian Constitution

Gray, Anthony (2020) COVID-19, border restrictions and section 92 of the Australian Constitution. The Western Australian Jurist, 11 (1):6. pp. 99-136. ISSN 1838-6156


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.


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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, in accordance with the copyright policy of the publisher.
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Date Deposited: 16 Nov 2020 02:23
Last Modified: 23 Nov 2020 00:26
Uncontrolled Keywords: freedom of trade, commerce and intercourse border restrictions Western Australia COVID-19
Fields of Research (2008): 18 Law and Legal Studies > 1801 Law > 180108 Constitutional Law
Socio-Economic Objectives (2008): C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940499 Justice and the Law not elsewhere classified
URI: http://eprints.usq.edu.au/id/eprint/40085

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