The Castle (film) - Background

Background

The humour in The Castle plays on the self image of Australians, most notably the concepts of working class Australians and their place in the modern Australia. The film title is named for the English saying, repeatedly used in the film, "a man's home is his castle". The film also refers to the land rights movement of the Australian Aborigines, with Darryl Kerrigan drawing an explicit parallel between his struggle and theirs. It also draws on one of the few rights protected in the Australian Constitution for subject matter, the right to just terms compensation for acquisition of property under s51(xxxi). Also interspersed in the film are many references to famous Australian Constitutional Law Cases, such as Mabo and the Tasmanian Dams Case. The film also deals with section 109 of the Constitution which provides that in the case of an inconsistency between Federal and State law, the Federal law shall prevail to the extent of the inconsistency.

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