The Ramifications of Pape v. Federal Commissioner of Taxation for the Spending Power and Legislative Powers of the Commonwealth

Monash University Law Review, Forthcoming

28 Pages Posted: 14 Jun 2011

See all articles by Gabrielle J. Appleby

Gabrielle J. Appleby

University of New South Wales (UNSW)

Stephen McDonald

Hanson Chambers; University of Adelaide - School of Law

Date Written: January 1, 2011

Abstract

There is nothing quite like money to divide families, friends, or the High Court it seems. Pape v. Federal Commissioner of Taxation, the third case in which the High Court has directly considered the constitutional basis of the federal Executive’s general capacity to spend money, has, on the one hand, provided important clarification as to the basis of the power, but on the other has again given rise to a multiplicity of reasoning between the justices of the Court as to the exact breadth of the power. The Court accepted a more limited basis for the spending power than had previously been assumed by many in Government. This conclusion serves to highlight the importance of the breadth of the other heads of Commonwealth power for the Commonwealth’s ability to engage in spending activities.

Keywords: Spending Power, Commonwealth Legislative Power, Federalism

Suggested Citation

Appleby, Gabrielle J. and McDonald, Stephen, The Ramifications of Pape v. Federal Commissioner of Taxation for the Spending Power and Legislative Powers of the Commonwealth (January 1, 2011). Monash University Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=1864245

Gabrielle J. Appleby (Contact Author)

University of New South Wales (UNSW) ( email )

Kensington
High St
Sydney, NSW 2052
Australia

HOME PAGE: http://www.law.unsw.edu.au/profile/gabrielle-appleby

Stephen McDonald

Hanson Chambers ( email )

56 Carrington Street
Adelaide, South Australia 5000
Australia
61 8 8212 6022 (Phone)
61 8 8231 3640 (Fax)

University of Adelaide - School of Law ( email )

Ligertwood Building
Adelaide 5005, South Australia SA 5005
Australia

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