Tasmanian Dams

• Describe the significance of the Tas Dams case impacting the law-making powers of the Commonwealth and the States


  The interpretation of the Constitution by the High Court in this case is significant because the Commonwealth Parliament was able to move into an area of law-making not previously allotted to them by the Constitution (residual). The decision drastically expanded the law-making powers of the Commonwealth at the expense of the States, as it allowed the Commonwealth to encroach on the law-making powers of the State when in relation to treaty obligations
• Discuss the significance of the Tas Dams case impacting the law-making powers of the Commonwealth and States


  • significant as Cth can encroach on residual law-making areas (within treaty obligations)
  • decision expanded Cth law-making powers at States' expense, as residual powers restricted
  • since, the interpretation was used to override Tasmania's criminal law restricting sexual conduct in same sex interactions
  • however, as the High Court granted this power, it's subject to change in future High Court cases (not absolute or guaranteed)
• Discuss the extent to which the High Court can change the division of law-making powers, referring to the Tas Dams case


  • High Court interprets the Constitution to settle disputes about its meaning
  • this may change the division of law-making powers, such as in Tas Dams, where the High Court increased the powers of the Cth over the States by interpreting their external affairs power in section 51
  • can only be done when a party with standing is brought forth (typically not worthwhile, so rare)
  • any interpretation made does not change the actual words, so only temporary and not absolute