8/15/2019 Tasmanian Dam Case

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Tasmanian dam Case

Facts:

•  The Tasmanian government wanted to build a hydroelectric

dam on the Franklin and Gordon river system.• Protesters were against this as it was a recognised

conservation area.

•  The Commonwealth Government passed a law recognising thearea as of World Heritage signicance! which must beprotected.

•  Tasmania refused to stop! believing that the building of thedam was a "residual power# of the states.

Issues There were two issues in this case$

•  The building of the dam in a signicant region• Whether or not the Commonwealth had power to make a law

declaring the area protected.Findings The High Court found that under section %&'((i() * the "e(ternala+airs power# * the federal government has the power to legislateover any matter of international concern.

• ,ince the federal law was declared valid! section &- of the

Constitution meant that the Commonwealth law overrode thestate law because it was inconsistent

•  The dam construction was stopped and the Franklin and Gordonrivers preserved for the future generation.

Separation of Powers

 

 The doctrine of separation of powers was develop in &/th century France by Charles de ,econdat 0ontes1uieu

 

2t ensures that the powers of government are notconcentrated in one place! with one person or a group ofpeople.

• 2f one person or group holds all state power! it risks beingabused! and the rights of citi3ens are at risk.