High Court case Kartinyeri v Commonwealth

E656132

High Court of Australia case constitutional law case

Kartinyeri v Commonwealth was a landmark 1998 High Court of Australia case that examined the scope of the federal Parliament’s power to make race-based laws under the Constitution, particularly in the context of Indigenous heritage protection.

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Observed surface forms (1)

Surface form	Occurrences
Kartinyeri v Commonwealth	0

Statements (46)

Predicate	Object
instanceOf	High Court of Australia case ⓘ constitutional law case ⓘ
alsoKnownAs	Hindmarsh Island Bridge case (constitutional challenge) NERFINISHED ⓘ
bench	Brennan CJ NERFINISHED ⓘ Gaudron J NERFINISHED ⓘ Gummow J NERFINISHED ⓘ Hayne J NERFINISHED ⓘ Kirby J NERFINISHED ⓘ McHugh J NERFINISHED ⓘ
citation	(1998) 195 CLR 337 ⓘ HCA 22 (1998) (neutral citation) ⓘ
concerns	Hindmarsh Island Bridge development ⓘ Indigenous heritage protection ⓘ federal Parliament’s power to make race-based laws ⓘ scope of the race power in the Australian Constitution ⓘ section 51(xxvi) of the Australian Constitution ⓘ
constitutionalProvision	section 51(xxvi) of the Constitution ⓘ section 51(xxxvi) of the Constitution (incidental power, in reasoning) ⓘ
country	Australia ⓘ
decisionYear	1998 ⓘ
features	consideration of the 1967 referendum and its implications ⓘ divided High Court with multiple separate judgments ⓘ significant discussion of constitutional history of the race power ⓘ
fullCaseName	Kartinyeri and Another v The Commonwealth of Australia NERFINISHED ⓘ
hasJurisdiction	High Court of Australia NERFINISHED ⓘ
heldByMajority	that section 51(xxvi) can support laws that are detrimental as well as beneficial to a race ⓘ that the Hindmarsh Island Bridge Act 1997 (Cth) was constitutionally valid ⓘ
impact	clarified the scope of the race power in Australian constitutional law ⓘ influenced later debates on constitutional recognition of Indigenous Australians ⓘ raised concerns about potential for adverse race-based legislation ⓘ
involvesGroup	Ngarrindjeri people NERFINISHED ⓘ
involvesParty	Doreen Kartinyeri NERFINISHED ⓘ The Commonwealth of Australia NERFINISHED ⓘ
isLandmarkCaseFor	Indigenous constitutional rights discourse in Australia ⓘ interpretation of section 51(xxvi) ⓘ
legalArea	Indigenous rights law ⓘ administrative law aspects ⓘ constitutional law ⓘ
locationOfFacts	Hindmarsh Island, South Australia NERFINISHED ⓘ
ratio	Parliament has broad discretion under section 51(xxvi) subject to other constitutional limits ⓘ the race power is not confined to beneficial laws for Indigenous Australians ⓘ
relatedLegislation	Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) NERFINISHED ⓘ Hindmarsh Island Bridge Act 1997 (Cth) NERFINISHED ⓘ Racial Discrimination Act 1975 (Cth) NERFINISHED ⓘ
subjectMatter	protection of Aboriginal heritage and cultural beliefs ⓘ validity of legislation removing heritage protection from a specific site ⓘ

Referenced by (1)

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Hindmarsh Island bridge controversy → significantEvent → High Court case Kartinyeri v Commonwealth ⓘ