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2.1 Introduction

<p><em>Commonwealth of Australia Constitution Act, 1900,</em>&nbsp;Her Majesty's Stationery Office (Publisher), Original Public Record Copy, 1900</p>

Gifts Collection, Parliament House Art Collection, Department of Parliamentary Services, Canberra

<p><em>Commonwealth of Australia Constitution Act, 1900,</em>&nbsp;Her Majesty's Stationery Office (Publisher), Original Public Record Copy, 1900</p>

In Australia the general rule is that if an area of law-making jurisdiction is not mentioned specifically in the Australian Constitution, then it stays with the states. So why, in the 1980s, was the Australian Parliament thinking about making an Act of Parliament about a disputed dam in Tasmania?

The answer to that question will help you understand the High Court and its role in interpreting the Australian Constitution.

Investigation 2.2

The Franklin Dam: Damming the river or ‘Damning’ the river?

Investigation 2.3

The Franklin Dam: The High Court decides

 

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