U4 - AOS1A - high court case

Question 1

influences of high court

Answer 1

high court has power to dtermine if an inconsistency exists and thus if state law is inconsistent and thus should be disregarded to the extent of the inconsitency.

Question 2

R V Brislan background info

Answer 2

constituition = responsible for determing law making powers around technology.

high court was required to state the meaning of other like services

Question 3

R V Brislan facts

Answer 3

in 1905 = cth parli passed the wireless telegraphy act 1905.

williams = own the thing without a correct licsnese

williams challenged the validity of the legislatuob as it was out of the cth juris.

Question 4

R V Brislan legal issues

Answer 4

radio broadcasting not explicitly mentioned in the const

williams contended that radio broadcasting wasnt postal, telegraphic, and other like services.

high court required to determine if radio device classified as a postal, telegraphic or other service

Question 5

R V Brislan legal issue

Answer 5

williams argied that radio broadcasting not explicitly mentioned in the const

radio broadcasting not fit into any of the four areas

Question 6

impact on lawmaking

Answer 6

hc confirmed cth pwoer to legislate on matters that are not explicitly written in const

shifted law making powers of the cth parli

made it a concurrent power

Question 7

Brislan limitation

Answer 7

other services can be challenged despite precedent