THE HISTORY OF SECTION ~ 51(xxiiiA) ~ OF THE COMMONWEALTH CONSTITUTION ~ ‘But not so as to authorise any form of civil conscription’

Georgiadis v Australian & Overseas Telecommunications Corporation, Mason CJ, Deane and Gaudron JJ observed that:

It is often said in relation to constitutional guarantees and prohibitions that ‘you cannot do indirectly what you are forbidden to do directly’ … That maxim is, in fact, an important guide to construction, indicating that guarantees and prohibitions are concerned with substance not form.


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