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Title The Tasmanian Dam Case 30 years on : an enduring legacy / editors, Michael Coper, Heather Roberts, James Stellios.

Published Leichhardt, NSW : The Federation Press, 2017.


Location Call No. Status
 UniM Law  KM 36 K1 TASM    DUE 10-01-22
Physical description xvi, 189 pages ; 22 cm
Bibliography Includes bibliographical references and index.
Contents Introduction / Michael Coper, Heather Roberts and James Stellios -- 1. The background politics of the Tasmanian dam case / The Hon Gareth Evans -- 2. Prelude to the Tasmanian dam case - constitiutional crises, reserve powers and the exercise of soft power / Anne Twomey -- 3. The Tasmanian dam case / The Hon Sir Anthony Mason -- 4. Precarious federalism : the Tasmanian dam case, the corporations power, and the 'inevitable' drive towards centralism / Alison Hammond -- 5. The Tasmanian dam case - an international lawyer's perspective / Bill Campbell -- 6. The Tasmanian dam case and Australia the good international citizen / Donald R Rothwell -- 7. Treat implementation in Canada - a comparative perspective on the Tasmanian dam case / Rosalind Dixon, Nesha Balasubramanian and Melissa Vogt -- 8. Human rights and the Tasmanian dam case / George Williams -- 9. Indigenous people as linked to place, the race power in the Tasmanian dam case / Mick Dodson and Siobhan McDonnell -- 10. The Tasmanian dam case and the 'green commonwealth' hypothesis / Andrew Macintosh.
Summary In one of the great contests between State and federal power, the Tasmanian Dam Case pitted the immovable object of Tasmania's commitment to a massive hydro-electric project against the irresistible force of the Commonwealth's determination to protect the environment. Was it more important to create jobs and provide cheap power, or to preserve the natural beauty of the Tasmanian wilderness? On whom did the Australian Constitution confer the power to decide this question? By the narrowest of majorities, the High Court decided in 1983 that the Commonwealth had the final say, and upheld legislation that prohibited the construction of a dam on the Gordon River below the Franklin. This book brings together a fascinating collection of commentaries on the impact of the decision, and how the hopes and fears following the decision have played out.This stimulating and timely book contains reflections from then Commonwealth Attorney-General Gareth Evans, then High Court Justice Sir Anthony Mason and leading Indigenous lawyer Professor Mick Dodson. The book also examines some novel questions, such as whether the outcome of the case was inevitable, how similar issues have played out in Canada, and whether better conservation outcomes are more likely to come from the Commonwealth or the States. These and other chapters offer fresh perspectives on one of the most important cases in High Court history.
Other author Coper, Michael, editor.
Roberts, Heather J., editor.
Stellios, James Stephen, editor.
Subject Environmental law -- Australia -- Tasmania.
Conservation of natural resources -- Political aspects -- Australia -- Franklin River (Tas.)
Dams -- Environmental aspects -- Australia -- Tasmania.
Environmental policy -- Australia -- Tasmania.
Constitutional law -- Australia.
Constitutional law -- Australia -- Cases.
Exclusive and concurrent legislative powers -- Australia.
Culture - Relationship to place.
Environment - Conservation.
Law - Cases.
Law - Constitutional law.
Law - International law.
Politics and Government - Elections - Election rolls.
Race relations - Power relations.
Water supply - Dams and reservoirs.
Variant Title Tasmanian Dam Case thirty years on.
ISBN 9781760020828