Bryan Pape
Encyclopedia
Bryan Pape was a senior lecturer at the University of New England
, New South Wales, Australia and a former office holder and member of the National Party of Australia
,
who in Pape v Commissioner of Taxation
(April 2009) lost his challenge to the constitutional legality of the Kevin Rudd
Government's proposed $42 billion economic stimulus package in the High Court of Australia
.
A fervent and longtime believer in federalism
and state's rights.
Pape argued the case himself as a "concerned lawyer". He argued that the $900 stimulus payments anticipated to be made to 7.4 million Australians beginning 6 April were not a valid extension of the Commonwealth's taxation powers, but a gift, and it has no constitutional power to spend consolidated revenue on gifts, under section 81 and 83 of the Australian Constitution.
University of New England, Australia
The University of New England is an Australian public university with approximately 18,000 higher education students. Its original and main campus is located in the city of Armidale in northern New South Wales....
, New South Wales, Australia and a former office holder and member of the National Party of Australia
National Party of Australia
The National Party of Australia is an Australian political party.Traditionally representing graziers, farmers and rural voters generally, it began as the The Country Party, but adopted the name The National Country Party in 1975, changed to The National Party of Australia in 1982. The party is...
,
who in Pape v Commissioner of Taxation
Pape v Commissioner of Taxation
Pape v Commissioner of Taxation is an Australian court case concerning the constitutional validity of the Tax Bonus for Working Australians Act 2009 which seeks to give one-off payments of up to $900 to Australian taxpayers...
(April 2009) lost his challenge to the constitutional legality of the Kevin Rudd
Kevin Rudd
Kevin Michael Rudd is an Australian politician who was the 26th Prime Minister of Australia from 2007 to 2010. He has been Minister for Foreign Affairs since 2010...
Government's proposed $42 billion economic stimulus package in the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
.
A fervent and longtime believer in federalism
Federalism
Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...
and state's rights.
Pape argued the case himself as a "concerned lawyer". He argued that the $900 stimulus payments anticipated to be made to 7.4 million Australians beginning 6 April were not a valid extension of the Commonwealth's taxation powers, but a gift, and it has no constitutional power to spend consolidated revenue on gifts, under section 81 and 83 of the Australian Constitution.