Topic: Conflict of Laws
“An American lawyer, Dean Professor, once described the conflict of laws as a ‘dismal swamp, filled with quaking quagmires, and inhabited by learned but eccentric professors who theorise about mysterious matters in a strange and incomprehensible jargon’”
Prosser, ‘Interstate Publication’ (1953) 51 Michigan Law Review 959, 971.
There has been renewed interest in the constitutional dimensions of choice of law – an area of law which has troubled many learned but eccentric professors for years.
It has been argued that Section 118 of the Constitution could be a legislative solution to Australia’s problematic choice of law rules when dealing with conflicts of laws.
Outline the various cases which support the use of Section 118 of the Constitution and those cases which discredit the use of such section, to solve choice of law issues. In your answer, you should discuss how the legislating of choice of law issues has been dealt with in other jurisdictions, such as England and Wales, and the United States of America.