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Northern Territory Emergency Act and the Constitution

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In June 2007 the Commonwealth Government announced plans to intervene in indigenous communities in the Northern Territory, relying on s.122 of the constitution (the territories power). Discuss whether s. 51 (xxvi) of the constitution (the race power) would enable the Commonwealth to take similar actions in the states. Introduction The intervention in the Northern Territory has been the subject of intense debate, due to the wide ranging impositions it places on the members of the Aboriginal community. One of the key calling cards of those opposed to the intervention has been that 'what if this happened to you?' The intervention in Aboriginal communities in the Northern Territories was based on section 122 of the constitution, any intervention in states could only potentially occur under s. 51 (xxvi) of the constitution1 the race power. The leading case in the area Kartinyeri2 says s. 51 (xxvi) may be used for both benefit and detriment, how...

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