Love And Thoms Case Impact
Summary
The Love and Thoms v Commonwealth case involved Brendan Thoms and Daniel Love, who were non-citizens facing deportation due to criminal convictions. The High Court ruled that Aboriginal Australians, even if non-citizens, cannot be classified as aliens under Section 51(xix) of the Australian Constitution, thus preventing their deportation. Justice Gordons ratio decidendi emphasized the unique connection of Aboriginal Australians to the land. Justice Bells obiter dicta suggested this connection might influence other legal areas. The case was significant for its impact on the legal rights of Aboriginal Australians and its influence on immigration and citizenship laws.Full Conversation
Why these cases were famous
The case of Love and Thoms v Commonwealth was famous because:
- It tackled the significant constitutional question of whether Aboriginal Australians can be classified as "aliens" under the Australian Constitution.
- It highlighted the unique status of Aboriginal Australians, influencing immigration and citizenship laws.
- The High Court's decision had a profound impact on the legal rights of Aboriginal Australians, preventing their deportation despite criminal convictions.
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What decision was reached?
Identify the ratio decidendi of at least one justice
Identify an example of obiter dicta
Decision:
- The High Court ruled that Aboriginal Australians, even if non-citizens, cannot be classified as "aliens" under Section *(xix) of the Australian Constitution, and hence cannot be deported.
Ratio Decidendi:
- Justice Gordon: Aboriginal Australians have a unique connection to the land, which prevents them from being classified as "aliens," regardless of their citizenship status.
Example of Obiter Dicta:
- Justice Bell mentioned that the connection of Aboriginal Australians to their land might influence other areas of law, but this was not essential to the decision.
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Summary of ‘Competitive advantage’: Call for curbs as property sector ramps up political donations article by David Crowe
The article "Competitive advantage: Call for curbs as property sector ramps up political donations" by David Crowe discusses the following key points:
- Property sector's increasing political donations in Australia.
- Concerns about the influence of these donations on political decisions.
- Calls for stricter regulations and transparency in political donations to ensure fair political practices.
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