Lecture Notes: Peace, Order, and Good Government in the Commonwealth Constitution

Introduction

Presenter: Renato Costa
Topic: Meaning and implications of "peace, order, and good government" in Section 51 of the Commonwealth Constitution.
Context: This clause grants powers to the federal Parliament for legislation purposes.

Originates from classical tradition focusing on common good, human flourishing.
- Key Elements: Peace, Justice, and Abundance
- Roman Jurist Ulpian's View: Common good involves living honorably, harming no one, and giving each their due.
Inherited by British Parliament; used in many acts and statutes.
- Examples:
  - 1489 British statute defining justice of the peace roles.
  - 1865 Colonial Law Validity Act.
Present in Constitutional documents of former British colonies.
- Examples:
  - Article 91 of the Canadian Constitution Act, 1867.
  - Section 51 of the Australian Constitution, 1901.

Variations in phrasing across different jurisdictions.
- Commonwealth: Peace, order, and good government.
- States (Victoria, Western Australia, South Australia): Same as Commonwealth.
- New South Wales, Tasmania, Queensland: Peace, welfare, and good government.

Not a head of power allowing legislation on any topic.
Not a limitation on legislative power.
High Court of Australia Decision (1988 - Union Steamship Company of Australia v The King):
- Plenary power consistent with colonial legislative traditions.
- Words do not limit parliamentary power.
- Courts cannot invalidate legislation based on whether it serves the common good.

Federal Parliament:
- No general power for "peace, order, and good government"; confined to enumerated matters in Section 51.
- Court's non-interference with legislative decisions regarding common good.
Representative Democracy:
- Political responsibility lies with elected parliamentarians to pursue the common good.
- People have the power to replace parliamentarians if they fail.

The phrase "peace, order, and good government" upholds plenary powers rather than limits them.
Importance of electorate in ensuring legislation aligns with common good.
Encouragement to engage with content and subscribe for more information.