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 [Working Paper] (Unpublished)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...

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ID Code: 7414
Item Type: Working Paper
Refereed: No
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
Last Modified: 16 Feb 2015 00:25

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