High Court Justice 1979-1989
The Fraser Government appointed Wilson to the High Court of Australia. He was the first member of the High Court from Western Australia. Wilson adopted a federalist position on the court.
In the Koowarta v Bjelke-Petersen case decided in 1982, Wilson was in the minority in holding that the external affairs power in the Australian constitution applied only to relationships outside Australia. The majority of the High Court found that the treaty need only apply to issues of clear international concern. The majority held the Federal Parliament had the power to pass the Racial Discrimination Act 1975 as a result of Australia being a signatory to the Convention on the Elimination of All Forms of Racial Discrimination.
In Commonwealth v Tasmania decided in 1983, the external affairs power was again the central issue. The new Hawke Government had used the external affairs power as the basis for passing legislation preventing the Tasmanian Government from building a hydro-electric dam on the Franklin River. Wilson considered that the external affairs power did not give the Federal Parliament authority to pass such legislation as it could obtain power to pass any form of legislation it wished by simply entering into a treaty with another power. Chief Justice Harry Gibbs and Daryl Dawson were the other judges joining Wilson in the dissenting judgement.
Wilson retired from the High Court in 1989.
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