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- Title
SECTION 92: MARKETS, PROTECTIONISM AND PROPORTIONALITY -- AUSTRALIAN AND EUROPEAN PERSPECTIVES.
- Authors
Kiefel, Susan
- Abstract
Recent cases involving s 92 of the Constitution refer to economic considerations and principles relating to competition. The application of provisions of the Treaty Establishing the European Community (the 'EC Treaty') having similar effect, by the European Court of Justice, has led to a broader consideration of the effects of state regulation on the ideal of a common market and a lessening of the relevance of domestic protection. It has tested what is permissible state regulation by the doctrine of proportionality. This paper will compare the current Australian perspective.
- Subjects
AUSTRALIA; EUROPE; ECONOMIC competition; MARKETS; PROTECTIONISM; PROPORTIONALITY in law; CONSTITUTIONS; TREATY Establishing the European Economic Community (1957); COURT of Justice of the European Union
- Publication
Monash University Law Review, 2010, Vol 36, Issue 2, p1
- ISSN
0311-3140
- Publication type
Article