Unjust enrichment as a principle of Australian constitutionalism
Fitzgerald, Brian F. (1995) Unjust enrichment as a principle of Australian constitutionalism. [Working Paper] (Unpublished)
This article examines the central role of unjust enrichment in Australian constitutionalism.
The Australian Constitution, amongst other things, divides the legislative powers of the Australian federal system between the Commonwealth (central) and State (regional) governments. Section 51 Constitution provides that the Commonwealth Parliament shall have power to make laws for the peace, order, and good government of the Commonwealth with respect to an enumerated list of powers. One of the enumerated legislative powers of the Commonwealth is the power to make laws with respect to the "acquisition of property on just terms from any State or person ...". The provision operates firstly to give the Commonwealth power to acquire property and secondly as an individual right or guarantee of just terms; that is as a constitutional protection of the right to private property...
Impact and interest:
Citation counts are sourced monthly from and citation databases.
These databases contain citations from different subsets of available publications and different time periods and thus the citation count from each is usually different. Some works are not in either database and no count is displayed. Scopus includes citations from articles published in 1996 onwards, and Web of Science® generally from 1980 onwards.
Citations counts from theindexing service can be viewed at the linked Google Scholar™ search.
Full-text downloads displays the total number of times this work’s files (e.g., a PDF) have been downloaded from QUT ePrints as well as the number of downloads in the previous 365 days. The count includes downloads for all files if a work has more than one.
|Item Type:||Working Paper|
|Keywords:||Unjust Enrichment, Acquisition on Just Terms, Taking, Constitution, Constitutionalism, section 51 (31) Constitution, Restitution|
|Subjects:||Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Commercial and Contract Law (180105)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Constitutional Law (180108)
|Divisions:||Current > Research Centres > ARC Centre of Excellence for Creative Industries and Innovation
Current > QUT Faculties and Divisions > Faculty of Law
Past > Institutes > Institute for Creative Industries and Innovation
|Copyright Owner:||Copyright 1995 Brian F. Fitzgerald|
|Deposited On:||04 May 2007 00:00|
|Last Modified:||16 Feb 2015 00:25|
Repository Staff Only: item control page