Koowarta v Bjelke-Petersen
Key Principle
Upheld the Racial Discrimination Act 1975 as a valid exercise of the external affairs power, confirming that implementation of international treaties falls within s 51(xxix)
The High Court upheld the validity of the Racial Discrimination Act 1975 as an exercise of the external affairs power under s 51(xxix), on the basis that it implemented Australia's obligations under the International Convention on the Elimination of All Forms of Racial Discrimination. The 4-3 decision confirmed that the Commonwealth could legislate to give effect to international treaties, even on matters otherwise within State jurisdiction.