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Crown Immunity
Sovereign immunity, or crown immunity, is a legal doctrine whereby a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, strictly speaking in modern texts in its own courts. State immunity is a similar, stronger doctrine, that applies to foreign courts. History Sovereign immunity is the original forebear of state immunity based on the classical concept of sovereignty in the sense that a sovereign could not be subjected without his or her approval to the jurisdiction of another. In constitutional monarchies, the sovereign is the historical origin of the authority which creates the courts. Thus the courts had no power to compel the sovereign to be bound by them as they were created by the sovereign for the protection of his or her subjects. This rule was commonly expressed by the popular legal maxim ''rex non potest peccare'', meaning "the king can do no wrong". Forms There are two forms of sovereign immunity: * immunity from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State Immunity
The doctrine and rules of state immunity concern the protection which a sovereign state, state is given from being sued in the courts of other states. The rules relate to legal proceedings in the courts of another state, not in a state's own courts. The rules developed at a time when it was thought to be an infringement of a state's sovereignty to bring proceedings against it or its officials in a foreign country. There is now a trend in various states towards substantial exceptions to the rule of immunity; in particular, a state can be sued when the dispute arises from a commercial transaction entered into by a state or some other "non-sovereign activity" of a state. The United Nations Convention on Jurisdictional Immunities of States and their Property, which is not yet in force, would re-formulate and harmonise the rules and their exceptions. It does not cover criminal proceedings and it does not allow civil (e.g. financial) actions for human rights abuses against state agents ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of Australia
The Constitution of Australia (also known as the Commonwealth Constitution) is the fundamental law that governs the political structure of Australia. It is a written constitution, which establishes the country as a Federation of Australia, federation under a Monarchy of Australia, constitutional monarchy governed with a parliamentary system. Its eight chapters set down the structure and powers of the three constituent parts of the federal level of government: the Parliament of Australia, Parliament, the Australian Government, Executive Government and the Judiciary of Australia, Judicature. The Constitution was drafted between 1891 and 1898 at a series of Constitutional Convention (Australia), conventions conducted by representatives of the six self-governing British colonies in Australia: New South Wales, Victoria (state), Victoria, Queensland, Western Australia, South Australia and Tasmania. This final draft was then approved by each state in a 1898–1900 Australian const ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charles Fitzpatrick
Sir Charles Fitzpatrick, (December 19, 1851 – June 17, 1942) was a Canadian lawyer and politician who served as Minister of Justice of Canada, as Chief Justice of Canada and then as Lieutenant Governor of Quebec. Biography Fitzpatrick was born in Quebec City, Canada East, to John Fitzpatrick and Mary Connolly. He studied at Laval University, where he earned a Bachelor of Arts degree (1873) and a Bachelor of Laws degree (1876), receiving the Dufferin Silver Medal.History of the Administration of the Earl of Dufferin in Canada'' by William Leggo, Toronto: Lovell Printing and Publishing Company (1878), pg. 877 Called to the bar of Quebec in 1876, he established his practice in Quebec City and later founded the law firm of Fitzpatrick & Taschereau. In 1885, he acted as chief counsel to Louis Riel, who was on trial for leading the North-West Rebellion. Riel was found guilty and sentenced to death. Fitzpatrick entered politics in 1890, winning election to the Quebec Legisl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crown Liability Act
A crown is a traditional form of head adornment, or hat, worn by monarchs as a symbol of their power and dignity. A crown is often, by extension, a symbol of the monarch's government or items endorsed by it. The word itself is used, particularly in Commonwealth countries, as an abstract name for the monarchy itself (and, by extension, the state of which said monarch is head) as distinct from the individual who inhabits it (that is, ''The Crown''). A specific type of crown (or coronet for lower ranks of peerage) is employed in heraldry under strict rules. Indeed, some monarchies never had a physical crown, just a heraldic representation, as in the constitutional kingdom of Belgium. Variations * Costume headgear imitating a monarch's crown is also called a crown hat. Such costume crowns may be worn by actors portraying a monarch, people at costume parties, or ritual "monarchs" such as the king of a Carnival krewe, or the person who found the trinket in a king cake. * The nu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interpretation Act
Interpretation Act (with its variations) is a stock short title used for legislation in Australia, Canada, Hong Kong, Malaysia, New Zealand, the Republic of Ireland, Singapore and the United Kingdom relating to interpretation of legislation. The Bill for an Act with this short title will have been known as the Interpretation Bill during its passage through Parliament. Interpretation Acts may be a generic name either for legislation bearing that short title or for all legislation which relates to interpretation. List Australia Commonwealth *The Acts Interpretation Act 1901 States and territories * Interpretation Act 1967 (ACT) * Legislation Act 2001 (ACT) * Interpretation Act 1987 (NSW) * Interpretation Act 1978 (NT) * Acts Interpretation Act 1954 (Qld) * The Acts Interpretation Act 1931 (Tas.) * Interpretation of Legislation Act 1984 (Vic.) * Interpretation Act 1984 (WA) Canada Federal *The Interpretation Act, RSC 1985, c I-21 Provinces and territories *The Interpretation Act, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Monarchy Of Belgium
The monarchy of Belgium is the Constitutional monarchy, constitutional and Inheritance, hereditary institution of the monarchical head of state of the Kingdom of Belgium. As a popular monarchy, the Belgian monarch uses the title king/queen of the Belgians and serves as the country's head of state and commander-in-chief of the Belgian Armed Forces. There have been seven List of Belgian monarchs, Belgian monarchs since independence in 1830. The incumbent, Philippe of Belgium, Philippe, ascended the throne on 21 July 2013, following the abdication of his father Albert II of Belgium, Albert II. Origins When Belgium gained independence from the United Kingdom of the Netherlands in 1830, the National Congress of Belgium, National Congress chose a constitutional monarchy as the form of government. The Congress voted on the question on 22 November 1830, supporting monarchy by 174 votes to 13. In February 1831, the Congress nominated Prince Louis, Duke of Nemours, Louis, Duke of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of Belgium
The Constitution of Belgium (; ; ) dates back to 1831. Since then Belgium has been a parliamentary monarchy that applies the principles of ministerial responsibility for the government policy and the separation of powers. The most recent major change to the constitution was the introduction of the Court of Arbitration of Belgium, Court of Arbitration, whose competencies were expanded by a special law of 2003, to include Title II (Articles 8 to 32), and the Articles 170, 172 and 191 of the Constitution. The Court developed into a constitutional court; in May 2007 it was formally redesignated as the Constitutional Court of Belgium, Constitutional Court. This court has the authority to examine whether a law or a decree is in compliance with Title II and Articles 170, 172 and 191. Historical aspects Origins and adoption The Belgian Constitution of 1831 was created in the aftermath of the secession of Belgium from the United Kingdom of the Netherlands, United Netherlands in the Bel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Competition And Consumer Commission V Baxter Healthcare
''Australian Competition and Consumer Commission v Baxter Healthcare Pty Ltd'',. (''Baxter'') was a decision of the High Court of Australia, which ruled on 29 August 2007 that Baxter Healthcare Proprietary Limited, a tenderer for various government contracts, was bound by the '' Trade Practices Act 1974'' (TPA, Australian legislation governing anti-competitive behaviour) in its trade and commerce in tendering for government contracts. More generally, the case concerned the principles of derivative governmental immunity: whether the immunity of a government from a statute extends to third parties that conduct business with the government. The High Court's judgment marked a successful appeal for the Australian Competition & Consumer Commission, the Australian regulator of anti-competitive conduct, having lost at first instance and on appeal in the Federal Court of Australia. The ACCC was again successful when the case was remitted to the Federal Court for reconsideration, ending ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bropho V State Of Western Australia
''Bropho v Western Australia'' was a decision of the High Court of Australia, which ruled on 20 June 1990 that Section 17 of the ''Aboriginal Heritage Act 1972'' of Western Australia bound the Crown in right of Western Australia. Background Legislation Section 17 of the ''Aboriginal Heritage Act 1972'' of Western Australia prohibited the destruction or damage of aboriginal sites except with the consent of the responsible state minister. The Act did not expressly say whether it bound the Crown, although the Act provided that it applied to "all places" in Western Australia. Facts The Western Australian Development Corporation, a statutory corporation of the Western Australian government, undertook works to redevelop the prominent Swan Brewery site in Perth. The site was owned by the State of Western Australia. Robert Bropho, an Indigenous Australian activist, applied to the Supreme Court of Western Australia for an injunction against the development, claiming it w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Residential Tribunal Of New South Wales
{{Use dmy dates, date=May 2025 The Residential Tribunal of New South Wales was a tribunal which had jurisdiction to deal with tenancy disputes in New South Wales. It replaced the Residential Tenancies Tribunal of New South Wales (the former tribunal) on 1 March 1999. The tribunal was abolished and the Consumer, Trader and Tenancy Tribunal of New South Wales subsequently replaced the tribunal on 25 February 2002. History The former Tribunal was established under the Residential Tenancies Act 1987 (NSW) as the primary dispute resolution body for residential tenancies in New South Wales. Following a review of other tribunals under the portfolio of the Department of Fair Trading of New South Wales (such as the Commercial Tribunal, Consumer Claims Tribunal, Building Disputes Tribunal and the Motor Vehicle Repair Disputes Committee), as well as an internal review by the former tribunal, the former tribunal was abolished and replaced with this tribunal. The review concluded that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Defence Force
The Australian Defence Force (ADF) is the Armed forces, military organisation responsible for the defence of Australia and its national interests. It consists of three branches: the Royal Australian Navy (RAN), Australian Army and the Royal Australian Air Force (RAAF). The ADF has a strength of just over 89,000 personnel and is supported by the Department of Defence (Australia), Department of Defence alongside other civilian entities also members of the Australian Defence Organisation. During the first decades of the 20th century, the Australian Government established the armed services as separate organisations, with each service having an independent chain of command. In 1976, the government made a strategic change and established the ADF to place the services under a single headquarters. Over time, the degree of integration has increased, and tri-service headquarters, logistics, and training institutions have supplanted many single-service establishments. The ADF has been dep ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Government Solicitor
The Australian Government Solicitor (AGS) is an Australian public servant and a federal government agency of the same name which provides legal advice to the federal government and its agencies. AGS was originally the Crown Solicitor's Office, which was established on 1 July 1903 on the appointment of Charles Powers as the first Commonwealth Crown Solicitor. With a major restructure of the Attorney-General's Department from 1983 to 1984, the Crown Solicitor's Office became the Office of the Australian Government Solicitor, with Crown Solicitor Tom Sherman appointed the first Australian Government Solicitor. Some functions of the Crown Solicitor's Office were transferred to other parts of the Attorney-General's Department. In 1999, the Australian Government Solicitor ceased being an office held by an individual, and instead became a government business enterprise, headed by a CEO, separate from the Attorney-General's Department. On 1 July 2015, AGS was consolidated within the At ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
