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Colonial Sugar Refining Co Ltd V Attorney-General (Cth)
''Colonial Sugar Refining Co Ltd v Attorney-General (Cth)'',. is the only case in which the High Court issued a certificate under section 74 of the Constitution to permit an appeal to the Privy Council on a constitutional question. The Privy Council did not answer the question asked by the High Court, and the court never issued another certificate of appeal. Background The Commonwealth established a Royal Commission to inquire into the sugar industry in Australia. Colonial Sugar Refining Co Ltd operated sugar mills and refineries, principally in Australia and Fiji. The Royal Commission had summoned the general manager and directors of Colonial Sugar Refining Co Ltd to testify and produce documents, including a list of documents to be produced and questions they would be asked. Colonial Sugar Refining Co Ltd sought a declaration in the High Court that the ''Royal Commissions Act 1902-1912'' was invalid. as amended by the The decision of the High Court In separate judgme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises original and appellate jurisdiction on matters specified within Australia's Constitution. The High Court was established following passage of the '' Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General on the advice of the Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire earlier. The court has resided in Canberra since 1980, following the construction of a purpose-built High Court Building, located in the Parliamentary Triangle and over ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1912 In Australian Law
Year 191 ( CXCI) was a common year starting on Friday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Apronianus and Bradua (or, less frequently, year 944 ''Ab urbe condita''). The denomination 191 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Parthia * King Vologases IV of Parthia dies after a 44-year reign, and is succeeded by his son Vologases V. China * A coalition of Chinese warlords from the east of Hangu Pass launches a punitive campaign against the warlord Dong Zhuo, who seized control of the central government in 189, and held the figurehead Emperor Xian hostage. After suffering some defeats against the coalition forces, Dong Zhuo forcefully relocates the imperial capital from Luoyang to Chang'an. Before leaving, Dong Zhuo orders his troops to loot the tombs of the H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1912 In Case Law
Year 191 ( CXCI) was a common year starting on Friday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Apronianus and Bradua (or, less frequently, year 944 ''Ab urbe condita''). The denomination 191 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Parthia * King Vologases IV of Parthia dies after a 44-year reign, and is succeeded by his son Vologases V. China * A coalition of Chinese warlords from the east of Hangu Pass launches a punitive campaign against the warlord Dong Zhuo, who seized control of the central government in 189, and held the figurehead Emperor Xian hostage. After suffering some defeats against the coalition forces, Dong Zhuo forcefully relocates the imperial capital from Luoyang to Chang'an. Before leaving, Dong Zhuo orders his troops to loot the tombs of the H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appeals To The Privy Council
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. History Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC. Later it employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor. Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate (1185–1333 CE). During this time, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliament Of Australia
The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the governor-general), the Senate and the House of Representatives. Constitution of Australia, section 1. The combination of two elected chambers, in which the members of the Senate represent the states and territories while the members of the House represent electoral divisions according to population, is modelled on the United States Congress. Through both chambers, however, there is a fused executive, drawn from the Westminster system.. The upper house, the Senate, consists of 76 members: twelve for each state, and two each for the territories, Northern Territory (including Christmas Island and the Cocos (Keeling) Islands) and the Australian Capital Territory (including Norfolk Island and the Jervis Bay Territory). Senators are elected ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliament Of The United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative supremacy and thereby ultimate power over all other political bodies in the UK and the overseas territories. Parliament is bicameral but has three parts, consisting of the sovereign ( King-in-Parliament), the House of Lords, and the House of Commons (the primary chamber). In theory, power is officially vested in the King-in-Parliament. However, the Crown normally acts on the advice of the prime minister, and the powers of the House of Lords are limited to only delaying legislation; thus power is '' de facto'' vested in the House of Commons. The House of Commons is an elected chamber with elections to 650 single-member constituencies held at least every five years under the first-past-the-post system. By constitutional convention, all g ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australia Act 1986
The Australia Act 1986 is the short title of each of a pair of separate but related pieces of legislation: one an Act of the Commonwealth (i.e. federal) Parliament of Australia, the other an Act of the Parliament of the United Kingdom. In Australia they are referred to, respectively, as the Australia Act 1986 (Cth) and the Australia Act 1986 (UK). These nearly identical Acts were passed by the two parliaments, because of uncertainty as to whether the Commonwealth Parliament alone had the ultimate authority to do so. They were enacted using legislative powers conferred by enabling Acts passed by the parliaments of every Australian state. The Acts came into effect simultaneously, on 3 March 1986. According to the long title of the Australian act, its purpose was "to bring constitutional arrangements affecting the Commonwealth and the States to be brought into conformity with the status of the Commonwealth of Australia as a sovereign, independent and federal nation". The Austr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kirmani V Captain Cook Cruises Pty Ltd (No 2)
''Kirmani v Captain Cook Cruises Pty Ltd (No 2)'',. was a decision of the High Court of Australia on 17 April 1985 concerning section 74 of the Constitution of Australia. The Court denied an application by the Attorney-General of Queensland seeking a certificate that would permit the Privy Council to hear an appeal from the High Court's decision in ''Kirmani v Captain Cook Cruises Pty Ltd (No 1)''. Background Section 74 of the Constitution established the High Court as the final court of appeal for Australia, but included the compromise that the High Court could give leave for the Privy Council to hear appeals against High Court decisions, providing that: No appeal shall be permitted to the Queen in Council from a decision of the High Court upon any question, howsoever arising, as to the limits inter se of the Constitutional powers of the Commonwealth and those of any State or States, or as to the limits inter se of the Constitutional powers of any two or more States, unless the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inter Se
''Inter se'' (also styled as ''inter sese'') is a Legal Latin phrase that means " ong or between themselves"., ''Inter se'' 819 (6th Ed.). The phrase is "used to distinguish rights or duties between two or more parties from their rights or duties to others." For example, "The constitutional documents of a company constitute a contract between the company and its shareholders, and between the shareholders ''inter se''." In Australian constitutional law, it refers to matters concerning a dispute between the Commonwealth and one or more of the states concerning the extents of their respective powers. See also *Exclusive right In Anglo-Saxon law, an exclusive right, or exclusivity, is a de facto, non-tangible prerogative existing in law (that is, the power or, in a wider sense, right) to perform an action or acquire a benefit and to permit or deny others the right to ... * Social contract References Latin legal terminology Law of Australia {{Latin-legal-phrase-stu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reserved Powers Doctrine
The reserved powers doctrine was a principle used by the inaugural High Court of Australia in the interpretation of the Constitution of Australia, that emphasised the context of the Constitution, drawing on principles of federalism, what the Court saw as the compact between the newly formed Commonwealth and the former colonies, particularly the compromises that informed the text of the constitution. The doctrine involved a restrictive approach to the interpretation of the specific powers of the Federal Parliament to preserve the powers that were intended to be left to the States. The doctrine was challenged by the new appointments to the Court in 1906 and was ultimately abandoned by the High Court in 1920 in the ''Engineers' Case'',. replaced by an approach to interpretation that emphasised the text rather than the context of the Constitution. __TOC__ Background The Constitution sets up the Commonwealth of Australia as a federal polity, with enumerated limited specific powers c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Royal Commissions Act 1902
The Royal Commissions Act 1902 is an Australian Act of Parliament which authorises the Australian Governor-General to initiate an investigation, referred to as a Royal Commission. Royal Commissions are a major independent public inquiry into an issue, initiated by the Australian Government. They often investigate cases of political corruption or matters of significant public concern. A Royal Commissioner, or panel of Royal Commissioners, is appointed by letters patent to preside over the commission of inquiry. The Commissioner has considerable powers, generally greater than those of a judge. However, the powers of the Commissioner are restricted to the terms of reference of the commission handed down by the Governor-General in the letters patent. Once a Commission has started the government cannot end it, and thus the government is careful in framing the terms of reference, and may place a time limit for an inquiry. The terms of reference may be amended and the time for an inquir ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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