CONSTITUTIONAL LAW
With strengths in: Attorney-General
interventions and federal/state responsibilities.
The Australian Government uses AGS as its primary provider
of constitutional advice.
Our rich experience and tradition—dating back to Federation—give
us unparalleled expertise in constitutional matters. These
include the constitutional validity of Australian Government
activities and immunity from legislation, inconsistencies
between Commonwealth and state legislation, the scope and
limits of executive power, and the availability of particular
Commonwealth powers to support proposed legislation.
Our understanding and expertise are preserved and sharpened
by our role of considering notices to the Attorney-General
about every constitutional issue that arises in any Australian
court, instructing counsel (including the Solicitor-General)
in constitutional cases and appearing as counsel in constitutional
cases.
See Litigation
notes No. 11 ‘The constitutional meaning of alien’ and ‘High
Court decisions in brief – Constitutional cases’ 22
October 2004, Litigation
notes No. 13 29 November 2005, Litigation
notes No. 14 29 November 2006 and Sawer’s The
Australian Constitution 3rd edition.
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