Australian Constitution

1947

Melbourne Corporation v Commonwealth

High Court of Australia(1947) 74 CLR 31

Key Principle

Established the implied limitation on Commonwealth legislative power that prevents the Commonwealth from discriminating against States or impairing their capacity to function as governments

This case established the Melbourne Corporation doctrine, an implied constitutional limitation preventing the Commonwealth from enacting laws that discriminate against the States or that curtail their capacity to function as independent governments within the federal system. The principle remains a key safeguard of Australian federalism, protecting the States from being rendered mere instruments of Commonwealth policy.

Read full judgment on AustLII →

Constitutional Sections