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Constitutional Law Notes: Categories of External Affairs

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    External relations are a purposeful head of power. Let’s first look at the interpretation of the head of state of the Commonwealth. this one speaks outwardly in s51 (29). The types of areas that fall under the scope of application c. 51 (29): 4 main types of power in the field of external relations.

    First: the laws governing international relations with our relations with other countries. Second: we can have activities that deal with things that happen geographically outside Australia. It could be external relations, it is expanding, Polyuchich’s decision regarding whether there was war crimes legislation concerning war criminals, especially those in World War II, war crimes legislation allowing their people to be punished sometime later.

    The validity of the war crimes law being tested there, and the number of reasons it was recognized as applicable law, was that it dealt with issues geographically external to Australia.

    It examined the events that took place in Europe during the Second World War. This was the valid application of this law, according to which war criminals of the Second World War can be punished under this law, despite the fact that they can be punished in Australia for what they did in Europe.

    Xyz’s decision again addresses child sex tourism legislation where pedophiles go abroad on certain tours and have sex with minors overseas, whether they can be punished for doing so in Australia. Also, the current legislation on this basis applies to a subject that is geographically located outside Australia, but we cannot deal with this in Australia, regardless of the fact that the crimes took place outside Australia.

    There is always the case that if we allow legislation to regulate actions or events outside Australia, but are not going to punish those who must have some Australian connection with what happens outside Australia, then these are the aforementioned cases … Please confirm that we do not even need to have a connection, so the remit of external relations is extremely broad, treaties are the main focus of external relations, but this is about geographic external influence on Australia.

    Third: an application for universal jurisdiction that comes from international law to fight pirates, no matter what country you are from, you can punish that pirate. For example, if there is universal jurisdiction to punish individuals or war crimes, then there are certain rules and concepts that apply to that, as well as to certain punishments, etc. People must be brought to justice or punished, and domestic domestic law that purportedly exercises universal jurisdiction must be consistent with the international content of that universal jurisdiction.

    Fourth, compliance in the context of treaties is part of external relations. International relations, subject geographically outside Australia, universal jurisdiction and treaties.

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