In the Behrooz case, the High Court held that Commonwealth legislation providing for detention of non-citizens was within the legislative power conferred by the Australian Constitution, even if the detention possibly involved harsh or inhumane treatment of detainees. The result of this decision is that the High Court has decided that the Commonwealth has power under the Australian Constitution to provide for detention of non-citizens regardless of whether the conditions of detention are harsh and inhumane. Jennifer Nicholson discusses the court's reasoning.