Human Rights And The Constitution Property Rights

†¢ Research essay †¢ 2500 Words †¢ BIBLIOGRAPHY Question 2 – Human Rights and the Constitution: Property Rights The High Court of Australia recently ruled in favour of the Commonwealth government in the cigarette plain packaging case, JT International and British American Tobacco v Commonwealth (2012) 291 ALR 669. The cigarette manufacturers had argued that plain packaging laws constitute an ‘acquisition of property’ (eg, trade marked logos and images on cigarette boxes) not on ‘just terms’. Was this a good outcome? Should the Australian Constitution protect property rights robustly (strongly? Why or why not? CASE DO FORGET IBID http://www.lexisnexis.com.libraryproxy.griffith.edu.au/au/legal/results/enhdocview.do?docLinkInd=trueersKey=23_T21726412274format=GNBFULLstartDocNo=0resultsUrlKey=0_T21726412280backKey=20_T21726412281csi=267689docNo=3scrollToPosition=0 †¢ Trying to steal the profits of the cigarette company †¢ Taxes taxes taxes †¢ Plain packaing law development †¢ Trademark law †¢ Copryright law †¢ Was this a good outcome? †¢ Should the Australian Constitution protect property rights robustly †¢ ? Why or why not? †¢ Could just take labelling off a product and trademark as wown †¢ Bill of rights †¢ Balancing the rights of the people and the state This raised four main issues for the Court’s consideration: a) whether the plaintiffs’ intellectual property rights were ‘property’ for the purposes of s 51(xxxi); b) whether the TPPA effected an acquisition of anyShow MoreRelatedTHE PLACE OF NATURAL LAW IN KENYAS JURISPRUDENCE1524 Words   |  7 Pagespropounds that true law is right reason in agreement with nature. It denies that the conditions of legal validity of laws are purely a matter of social fact. Natural law is based on the principle that although man exists in nature, he has his own nature. The nature of man is to procreate, protect his family and preserve his life. Natural law is the law which helps man to achieve these objectives. 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