Australian Constitution

1988

Cole v Whitfield

High Court of Australia(1988) 165 CLR 360

Key Principle

Reinterpreted s 92 (freedom of interstate trade and commerce) as a guarantee against discriminatory and protectionist burdens on interstate trade, abandoning the individual rights-based 'free trade' interpretation

Cole v Whitfield unanimously reinterpreted s 92 of the Constitution, which guarantees that trade and commerce among the States shall be 'absolutely free.' The Court abandoned the previous broad individual rights interpretation and held that s 92 prohibits discriminatory burdens of a protectionist kind on interstate trade, using the convention debates as an interpretive aid for the first time.

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