Devaluation of a constitutional guarantee : the history of section 51(xxiiiA) of the Commonwealth Constitution

Mendelson, Danuta 2003, Devaluation of a constitutional guarantee : the history of section 51(xxiiiA) of the Commonwealth Constitution, Melbourne University law review, vol. 23, pp. 308-344.

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Title Devaluation of a constitutional guarantee : the history of section 51(xxiiiA) of the Commonwealth Constitution
Author(s) Mendelson, Danuta
Journal name Melbourne University law review
Volume number 23
Start page 308
End page 344
Publisher Melbourne University
Place of publication Melbourne, Vic.
Publication date 2003
ISSN 0025-8938
1839-3810
Summary This article describes constitutional and socio-historical background to the referendum that led to the inserrion of s 51(xxiijA) into the Commonwealth Constitution. It traces judicial interpretations of the clause 'but not so as to authorise any fonn of civil conscription' through the major cases, including British Medical Association v Commonwealth, General Practitioners Society v Commonwealth, and Alexandra Private Geriatric Hospital Pty Ud v Commonwealth. The issue of the powers of the Commonwealth to regulate private medical practice without infringing the constitutional guarantee against civil conscription is analysed in the context of the development of National Health Care Schemes for financing medical benefits (Health Insurance Commission v Peverill). Constitutional aspects of the 1995 legislation enabling the introduction into Australia of purchaser-provider agreements ('managed care ') are also examined. Finally, the article questions the constitutionality of the Australian Competition and Consumer Commission s powers to regulate the essential elements of the patient-doctor relationship.
Language eng
Field of Research 180112 Equity and Trusts Law
Socio Economic Objective 970118 Expanding Knowledge in Law and Legal Studies
HERDC Research category C1.1 Refereed article in a scholarly journal
Copyright notice ©1999, HeinOnline
Persistent URL http://hdl.handle.net/10536/DRO/DU:30038850

Document type: Journal Article
Collection: School of Law
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