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Legislating against Constitutional Invalidity: Constitutional Deeming Legislation

Bateman, Will


It is a little known feature of Australian constitutional law that the High Court has upheld the constitutional validity of legislation that reverses the effect of an earlier declaration of constitutional invalidity. Such legislation operates by deeming all persons’ rights and liabilities to be the same ‘as if’ no constitutional defect existed, and has been passed in the wake of the some of the Court’s most momentous decisions concerning ch III of the Constitution: Kotsis v. Kotsis, Knight v....[Show more]

CollectionsANU Research Publications
Date published: 2012
Type: Journal article
Source: Sydney Law Review
Access Rights: Open Access via publisher website


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