- Nov 6, 2014
- 65,152
- 83,021
- AFL Club
- Port Adelaide
Follow along with the video below to see how to install our site as a web app on your home screen.
Note: This feature may not be available in some browsers.
NahS.92 of the Australian constitution looking shaky.
This only backs up my statementNah
Border closures, COVID-19 and s 92 of the Constitution – what role for proportionality (if any)? — Australian Public Law
BY SHIPRA CHORDIAauspublaw.org
melbournes now in a 6 week lockdown. Vic sides can forget about going back there this season...i doubt they will have finals or spring carnival either
Shhh..when asked about Andrew Fagan the other day he said he feels Fagan is the right man to keep his job at the Crows.Can't Elspeth push him across the border in a wheelie bin?
Its no more shakier than before. If a 7-0 precedent in the 1988 Cole v Whitfield case says - the Mason Court unanimously decided that s 92 was directed at protecting against laws that imposed “a discriminatory burden of a protectionist kind”. That is, s 92 would not operate to invalidate all laws that restricted trade and commerce between the states in any way – as the High Court observed, an interpretation to that effect could lead to anarchy. Rather, the provision would only invalidate laws that were “discriminatory” and “protectionist” in the sense that they sought to protect local providers of business activity in a state against competition from those located in other states. That test – which has endured in the decades since – has brought a stability to the interpretation of s 92 that was previously absent.This only backs up my statement
Can't Elspeth push him across the border in a wheelie bin?
Some will. If the daily numbers go down to between 0-10 maybe even 0-20 by week 5, most will want to go back.I wonder if the players are all still going to push to go back home after five weeks, or stay at a resort on the Gold Coast and play football.
I wonder if the players are all still going to push to go back home after five weeks, or stay at a resort on the Gold Coast and play football.
REH it backs up my statement.191 case in Victoria, population of 6.6m, greater Melbourne hS 5.1m. Jurisdiction with population of 5m to 7m new cases last 24 hours as well as total cases and total deaths.
Its no more shakier than before. If a 7-0 precedent says - the Mason Court unanimously decided that s 92 was directed at protecting against laws that imposed “a discriminatory burden of a protectionist kind”. That is, s 92 would not operate to invalidate all laws that restricted trade and commerce between the states in any way – as the High Court observed, an interpretation to that effect could lead to anarchy. Rather, the provision would only invalidate laws that were “discriminatory” and “protectionist” in the sense that they sought to protect local providers of business activity in a state against competition from those located in other states. That test – which has endured in the decades since – has brought a stability to the interpretation of s 92 that was previously absent.
Hard to argue laws that are about protecting people from dying due to a pandemic are discriminatory burden because Victoria shut its border.
WA might be another case, but any decision wont be a free for all, as the court has set precedents to observe from past cases.
Its about reducing deaths, not providing a cure. Of course lockdowns slows down and suppress expansion of a pandemic. No one will argue against either of those points. Look at the modelling what happens if you do nothing.REH it backs up my statement.
Secondly Lockdowns are not proven to cure covid. Nor stop it.
Until there is an endgame for lockdown it's going to continue to fail like it has all over the world.
Secondly Lockdowns are not proven to cure covid. Nor stop it.
Andrews has just reported that there are 9 patients in ICU. Before the recent outbreak it was only 1. No shortage of ICU beds yet but you can see where it's heading without a stage 3 lockdown.
Yeah that's kind of the point though.It's not intended to 'cure' it, nor 'stop' it.
It's intended to slow the rate of infection, which it does.
Having spent a lifetime in R&D I know that there are reasonable and sensible actions that fail when you approach new problems.
In fact a succession of sensible actions may fail.
We are crrently doing epidemiological R&D on the run.
The actions of Andrews et al have been sensible until now, but the long handle must now be applied to the problem.
To suggest he is responsible for the current situation is a nonsense.
Its about reducing deaths, not providing a cure. Of course lockdowns slows down and suppress expansion of a pandemic. No one will argue against either of those points. Look at the modelling what happens if you do nothing.
Yes as I said the s.92 is looking shaky, totally backs up my point if a court can overrule it.It doesn't back up your statement. If a state declares a health emergency to reduce health risks then that is acceptable. The court will have to resolve how long it can be shut down which is reasonable and isn't discriminatory.
The court will not give a 100% ruling - no shutdowns at all. Read the Cole case. It will allow proportionately like in that case.
What is your educated solution then?REH it backs up my statement.
Secondly Lockdowns are not proven to cure covid. Nor stop it.
Until there is an endgame for lockdown it's going to continue to fail like it has all over the world.