Outline: The purpose of this paper is to Advise Allan, Belinda and CareFree Pty Ltd as to the constitutional validity of the Medicinal Cannabis Act 2011 (Cth) (MCA) in terms of whether its provisions apply to them under the trade and commerce power s 51(i) and as to whether the MCEA (Medicinal Cannabis Export Authority) is constitutionally valid in light of the separation of judicial power doctrine. This paper begins by analysing the validity of MCEA. In doing so the paper not only confers to the characterisation of the laws under the trade and commerce powers of s 51(i), but also includes the implied incidental powers and the doctrine of principles of separation of judicial power. There after it advises Allan, Belinda and Carefree Pty …show more content…
Therefore in the given impugned law, the MCA is related to the trade and commerce with other countries, the character of the law, even though not all of them, does fall under the enumerated head of power Commonwealth Constitution s51 (i). Therefore the given Act is valid in terms of its character, as it affects the trade and commerce of cannabis for the purpose of medicinal use. Sufficient Connection with head of power: The third step in determining the validity of the impugned law is to ask whether there is a sufficient connection with the head of power. That is how close the connection is between the impugned law and the heads of power. Sufficient connection with head of power fairly described as a law “with respect to” a head of power. Next step is how close a connection needs to be? This is answered in Re Dingjan: Ex parte Wagner that “connection need not be close, but must not be too ‘insubstantial, tenuous or distant’. As in the given head of power, is the power to legislate with respect to trade and commerce the words “with respect” ought never to be neglected in considering the extent of power conferred. Therefore in the given impugned law, trade and commerce of cannabis is under the powers of the given head of power,there are certain characters such as aerial spraying, licensing arrangement and other restrictions that seem to be outside the scope of the given head of
amount of slaves. As of the whole population including slaves, Delaware had a low whole
What is the term of office (how long do they serve) of a member of the House?
The U.S. Constitution guards against tyranny, (cruel and oppressive government or rule), because it was a big issue in England at the time the Constitution was written. This topic became popular when drafting the Constitution; how would they stop tyranny from reaching the states? Here are the three main ways the Constitution guards against tyranny.
The Federal government’s ability to create laws and enforce those laws on the States is an integral part of nationhood. While the Federal government can legislate the States, this is not to say that the States have no rights. In adopting principles from the United States of America’s constitution, the early Framers believed it important to distance themselves from the doctrine of parliamentary sovereignty that is seen in the United Kingdom. While the ability to create laws is not a unique feature of the Commonwealth of Australia Constitution Act (“the Constitution”), it is vital that these laws are consistent with the Constitution. This essay, through its use of constitutional interpretive methods, legal doctrine and relevant case law will seek to establish that the Justice Knows No Walls Reform Act (“the Act”) is unlikely to be considered to be consistent with the Constitution and therefore cannot be constitutionally applied to prisons run by the States.
Chapter one of the textbook, Constitutional Law and the Criminal Justice System by J. Scott Harr, Karen M. Hess, Christine Orthmann, and Jonathon Kingsbury discuses a historical overview of the United States, or better known as the U.S. Constitution. To elaborate, the textbook educates the reader on why the U.S. Constitution was created, as well as what its main purpose is. Most people know that the U.S. Constitution was not necessarily an original thought by the United States. In fact, it was greatly influenced by the English document known as the Magna Carat (Harr, Hess, Orthmann, & Kingsbury, 2015, p. 13). In addition, the U.S. Constitution was fashioned, mainly, as a binding document to prevent any one person from having complete power in the United
Supporters of gay marriage in the United States were a minority group for quite some time. (Green, 2015) The topic of homosexuality and same sex marriage is one that probes the primary question of whether or not same sex marriages are ones fundamental right under both the Due Process Clause and Equal Protection Clause of the Fourteenth Amendment. (Lempert, 2015) The case of Obergefell v. Hodges was a case that held that the Fourteenth Amendment requires all states to recognize and grant same sex marriage licenses to couples that have been granted that right in other jurisdictions. This case may be considered a significant decision of the United States
The beginning of the United States constitution was the preamble. The preamble states a brief summery of the contents of what the constitution will hold. Before the constitution was thought upon, there was something called the articles of confederation. This document served as the first constitution for the newly independent country. The Articles of Confederation stated that each state could do as they pleased inside their state lines. The people took advantage of this newly found freedom. They decided in each state to have their own language, currency, and prices for imported and out ported goods. This, however, did not work for when a merchant came to sell goods, in a different state, he would sell
The Christopher Law was created due to the brutal incident that took place June 19th, 1988. As a matter of fact, Christopher Stephenson was an eleven-year-old boy who was kidnapped, molested and murdered by Joseph Fredrick; a man who is known as a pedophile and at the time had been just statutory released from prison. [1] Nevertheless, The Stephenson family fought with much determination to get their son's legislation approved by the government. As stated Mr. Stephenson believed that by creating a National registry for convicted sex offenders it would bring a revolution to Canada, and also bring awareness towards the safety of the community. Furthermore, The Christopher Law was passed and initiated by the federal government on April 23rd, 2001.
In the summer of 1787 in Philadelphia, 55 delegates from 12 states took part in the Constitutional Convention. Rhode Island did not send any representatives. Some attending delegates, such as George Washington and Benjamin Franklin, had been respected leaders before and wanted a central government with real power, and were also well known to the others. Younger delegates, such as Alexander Hamilton of New York, and James Madison of Virginia, was younger, but was very influential during this Convention, seeing that the National Government had serious weaknesses that needed to be addressed in order for the United States to thrive. (Schmidt) Madison took notes, most of which were detailed, and were later published and became a rich source of historical
There are a great deal of different reasons behind the Founding Generations motivations to at the constitutional convention of 1787. All of the delegates came to talk with their own agenda for their state. Other historians say that they all was greedy (Roche 1967). John Roche believed that the delegates were mainly democrats (Roche 1967). He talks about how they built the framework for what democracy is today (Roche 1967). 12 states sent representatives to the constitutional convention and I choose three out of those. New Hampshire, New York, and Southern Carolina is the three I choose and they all played their part in the ratification of the constitution.
responded by forming committees in the House and Senate to study and debate the issue.
When creating the United States Constitution, our beloved Framers sought to establish a workable, malleable government that would last generations. A strong federal government with three separate, distinct branches turned was most optimal, and thus the official government of the US was born. Through the years, America’s governmental structure, with each branch of government maintaining their boundaries and providing a system of check and balances for the others, thrived. However, questions arise as to whether or not this governmental institution has withstood the sands of time, as well as the trials and tribulations that come with the rise of political
The Constitution of the United States of America was signed on the September 17, 1787. It is considered to be the first document of that kind created in the post Enlightenment world. As we know, that era (1715 - 1789) had a major impact on Europe and all US colonies. The roots of the Constitution can be found as far as in Ancient Greece and medieval England (The Magna Carta). The main idea of the Constitution was based on the ideas of the Enlightenment's best authors and philosophers. Among them, probably the most important was John Locke. I'm sure we are all familiar his "tabula rasa" philosophy. This English doctor created the foundation for the modern idea of the government. He states that:
Cannabis is becoming increasingly widespread and increasingly common in modern-day society for both recreational use and for medication. The article by Craig Reinarman, ‘Criminalisation, legalisation and the mixed blessing of medicalisation in the USA’ generates many controversial issues of cannabis.
Currently, possession of less than 30 grams of marijuana is often dealt with through a fine. However, this penalty will heighten as premiers and chiefs are in favor of zero tolerance, early enforcement, and early diversion and rehabilitation. Associations are concerned about any attempts to allow the medicinal use of the drug (King, 1999). We should be eliminating any thoughts of this drug being available.