Legal research

Overruled Roe v. Wade and Planned Parenthood v. Casey, holding that the Constitution does not confer a right to abortion.

Held by majority that an Aboriginal Australian, identified by the tripartite Mabo test, is not within the reach of the 'aliens' power in s 51(xix) of the Constitution.

Held unanimously that the advice to prorogue Parliament for five weeks was unlawful, void and of no effect because it frustrated Parliament's constitutional functions without reasonable justification.

The High Court held that the common law of Australia recognises a form of native title reflecting the traditional laws and customs of Indigenous peoples, rejecting the doctrine that Australia was terra nullius at settlement.

Recognised an implied freedom of political communication drawn from the system of representative government established by the Constitution.

Reinterpreted s 92 of the Constitution as prohibiting discriminatory burdens of a protectionist kind on interstate trade, and opened the door to convention debates as an interpretive aid.

Held that the external affairs power in s 51(xxix) supports legislation implementing bona fide treaty obligations, upholding Commonwealth protection of the Franklin River.

Held that racial segregation of public schools violates the Equal Protection Clause of the Fourteenth Amendment, overruling Plessy v. Ferguson in the field of public education.

Established judicial review of federal legislation: it is emphatically the province and duty of the judiciary to say what the law is.