Panic over corporations power

Tearing up the constitution - Opinion - theage.com.au

Greg Craven, a professor of constitutional law (and the executive director of the John Curtin Institute) gets over-excited by the implications of a Commonwealth success on the current IR High Court case. He argues that, as most things are done by corporations, if the Commonwealth succeeds in controlling industrial relations this way, they will be able to control... everything.

There may be some point to some of his examples, although I am far from completely convinced about any of them. What I think is his most ridiculous example is this:

The school sector faces the same prospect. Numerous private schools are organised as corporations, and have nowhere to hide, yet even state schools should be feeling the cold breath of the Brindabellas on their necks. After all, what proportion of their students ultimately will work for corporations? Under an ascendant corporations power, a law regulating state school curriculums in the interests of their ultimate corporate employers is a tritely logical step.

So a power to govern corporations could be used to dictate to State governments the curriculum of non-corporate State schools? By no stretch of the imagination can I see that as plausible. (I guess that by signing up to some weird UN treaty it could happen under the external affairs power, but that is a different argument entirely. It is also an avenue more widely used on "progressive" issues than conservative one.)

Constitutional law professor or not, you need to a grip, Craven.

And as for Labor generally on this issue, the phrase "hoist on your own petard" seems most appropriate.