The Australian government's use of the military in an emergency and the Constitution

Gray, Anthony ORCID: https://orcid.org/0000-0001-9565-475X (2021) The Australian government's use of the military in an emergency and the Constitution. University of New South Wales Law Journal, 44 (1). pp. 355-391. ISSN 0313-0096


Abstract

This article considers the extent of the federal government's constitutional power to deal with recent twin crises - the bushfires of 2019-2020 and COVID-19, primarily focussing on the defence power in s51(6) of the Australian Constitution and the implied nationhood power.


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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: 12 Apr 2021 01:31
Last Modified: 25 Oct 2021 23:08
Uncontrolled Keywords: defence; implied nationhood; constitution; emergency; crises; federal government
Fields of Research (2008): 18 Law and Legal Studies > 1801 Law > 180108 Constitutional Law
Fields of Research (2020): 48 LAW AND LEGAL STUDIES > 4807 Public law > 480702 Constitutional law
Socio-Economic Objectives (2008): C Society > 94 Law, Politics and Community Services > 9402 Government and Politics > 940299 Government and Politics not elsewhere classified
Socio-Economic Objectives (2020): 23 LAW, POLITICS AND COMMUNITY SERVICES > 2399 Other law, politics and community services > 239999 Other law, politics and community services not elsewhere classified
URI: http://eprints.usq.edu.au/id/eprint/41800

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