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Globalisation, Federalism And Legal Pluralism: The Challenges Of Diverse Legal Cultures In Federal Systems, J. M. Marychurch

Faculty of Law - Papers (Archive)

Australia has recently had to address the structure of corporate law and regulation as a result of decisions in two High Court cases, namely Re Wakim; Ex Parte McNally (1999) 198 CLR 511 and R v Hughes (2000) 171 ALR 155. The constitutional problems posed by these two cases have currently been resolved using a referral of powers by the states to the Commonwealth. However, this agreement was not reached without difficulty, and uncertainty persists due to a five year sunset clause. The intense debate surrounding these events shed light on the continuing diversity in political and legal culture in …