Attorney-General (Victoria) v Commonwealth

JurisdictionAustralia Federal only
CourtHigh Court
Neutral Citation[1962] HCA 37,1962-0801 HCA A
Date1962
Year1962

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26 cases
4 books & journal articles
  • The Functional Constitution: Re-Reading the 2014 High Court Constitutional Term
    • United Kingdom
    • Sage Federal Law Review No. 43-3, September 2015
    • 1 Septiembre 2015
    ...v Commonwealth (1947) 74 CLR 31; Victoria v Commonwealth (1957) 99 CLR 575 (‘Second Uniform Tax Case’); A-G (Vic) v Commonwealth (1962) 107 CLR 529 (‘Marriage Act Case’); Victoria v Commonwealth (1971) 122 CLR 353 (‘Payroll Tax Case’); Victoria v Commonwealth (1975) 134 CLR 338 (‘Australian......
  • CONSTITUTIONAL CHARACTERISATION: EMBEDDING VALUE JUDGEMENTS ABOUT THE RELATIONSHIP BETWEEN THE LEGISLATURE AND THE JUDICIARY.
    • Australia
    • Melbourne University Law Review Vol. 45 No. 1, August 2021
    • 1 Agosto 2021
    ...Kiefel, Bell and Keane JJ) ('Marriage Equality Act Case'). (26) Ibid 458 [20], quoting with minor changes A-G (Vic) v Commonwealth (1962) 107 CLR 529, 578 (Windeyer J) ('Marriage Act (27) Marriage Equality Act Case (n 25) 463 [38] (French CJ, Hayne, Crennan, Kiefel, Bell and Keane JJ). (28)......
  • Marriage and Civil Unions: Legal and Moral Questions
    • United Kingdom
    • Sage Federal Law Review No. 35-2, June 2007
    • 1 Junio 2007
    ...the power to 'prescribe what unions are to be regarded as marriages', per Higgins J, at 610); Attorney-General (Vic) v Commonwealth (1962) 107 CLR 529 ('marriage' under the Constitution is a bounded concept that Parliament cannot enlarge, per McTiernan J at 549; marriage power includes the ......
  • The Communist Party Case Revisited: Constitutional Review in the 2020 Term
    • United Kingdom
    • Sage Federal Law Review No. 50-1, March 2022
    • 1 Marzo 2022
    ...preferring a more ‘eclecticapproach’.3023. (1982) 151 CLR 101, 109 (Gibbs CJ) (emphasis added). See also A-G (Vic) v Commonwealth(1962) 107 CLR 529, 549(McTiernan J) (‘Marriage Act Case’): ‘The term marriage bears its own limitations and Parliament cannot enlarge itsmeaning. In the context ......