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Sue V Hill
''Sue v Hill'' was an Australian court case decided in the High Court of Australia on 23 June 1999. It concerned a dispute over the apparent return of a candidate, Heather Hill, to the Australian Senate in the 1998 federal election. The result was challenged on the basis that Hill was a dual citizen of the United Kingdom and Australia, and that section 44(i) of the Constitution of Australia prevents any person who is the citizen of a "foreign power" from being elected to the Parliament of Australia. The High Court found that, at least for the purposes of section 44(i), the United Kingdom is a foreign power to Australia. Background Australian independence from the United Kingdom The degree to which Australia is and has been independent from the United Kingdom is a topic of much debate. The common view is that there has been an evolutionary process by which Australia has gained more and more independence. The 1926 Imperial Conference resulted in the '' Royal and Parliamenta ...
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High Court Of Australia
The High Court of Australia is the apex court of the Australian legal system. It exercises original and appellate jurisdiction on matters specified in the Constitution of Australia and supplementary legislation. The High Court was established following the passage of the ''Judiciary Act 1903'' (Cth). Its authority derives from chapter III of the Australian Constitution, which vests it (and other courts the Parliament creates) with the judicial power of the Commonwealth. Its internal processes are governed by the ''High Court of Australia Act 1979'' (Cth). The court consists of seven justices, including a chief justice, currently Stephen Gageler. Justices of the High Court are appointed by the governor-general on the formal advice of the attorney-general following the approval of the prime minister and Cabinet. They are appointed permanently until their mandatory retirement at age 70, unless they retire earlier. Typically, the court operates by receiving applicati ...
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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 ...
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Queensland
Queensland ( , commonly abbreviated as Qld) is a States and territories of Australia, state in northeastern Australia, and is the second-largest and third-most populous state in Australia. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south, respectively. To the east, Queensland is bordered by the Coral Sea and the Pacific Ocean; to the state's north is the Torres Strait, separating the Australian mainland from Papua New Guinea, and the Gulf of Carpentaria to the north-west. With an area of , Queensland is the world's List of country subdivisions by area, sixth-largest subnational entity; it List of countries and dependencies by area, is larger than all but 16 countries. Due to its size, Queensland's geographical features and climates are diverse, and include tropical rainforests, rivers, coral reefs, mountain ranges and white sandy beaches in its Tropical climate, tropical and Humid subtropical climate, sub-tropical c ...
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Multiple Citizenship
Multiple citizenship (or multiple nationality) is a person's legal status in which a person is at the same time recognized by more than one sovereign state, country under its nationality law, nationality and citizenship law as a national or citizen of that country. There is no international treaty, convention that determines the nationality or citizenship status of a person, which is consequently determined exclusively under national laws, which often conflict with each other, thus allowing for multiple citizenship situations to arise. A person holding multiple citizenship is, generally, entitled to the rights of citizenship in each country whose citizenship they are holding (such as right to a passport, right to enter the country, right to work, right to own property, suffrage, right to vote, etc.) but may also be subject to obligations of citizenship (such as a potential obligation for national service, becoming subject to taxation on worldwide income, etc.). Some countries d ...
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Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, except for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the "Privy Council", the Judicial Committee is only one constitu ...
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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 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 into conformity with the status of the Commonwealth of Australia as a sovereign, independent and federal nation". The Australia Act (Cth and UK) elimin ...
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Statute Of Westminster Adoption Act 1942
The Statute of Westminster Adoption Act 1942 is an act of the Australian Parliament that formally adopted sections 2–6 of the Statute of Westminster 1931, an Act of the Parliament of the United Kingdom enabling the total legislative independence of the various self-governing Dominions of the British Empire. With its enactment, Westminster relinquished nearly all of its authority to legislate for the Dominions, effectively making them ''de jure'' sovereign nations. With the enactment of the Adoption Act, the British Parliament could no longer legislate for the Commonwealth without the express request and consent of the Australian Parliament. The act received Royal Assent on 9 October 1942, but the adoption of the Statute was made retroactive to 3 September 1939, when Australia entered World War II. The Act is more important for its symbolic value than for the legal effect of its provisions. While Australia's growing independence from the United Kingdom was well accepted, th ...
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Parliament Of The United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster in London. Parliament possesses legislative supremacy and thereby holds ultimate power over all other political bodies in the United Kingdom and the Overseas Territories. While Parliament is bicameral, it has three parts: the sovereign, the House of Lords, and the House of Commons. The three parts acting together to legislate may be described as the King-in-Parliament. 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. The House of Commons is the elected lower chamber of Parliament, with elections to 650 single-member constituencies held at least every five years under the first-past-the-post system. By constitutional conventi ...
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Dominion
A dominion was any of several largely self-governance, self-governing countries of the British Empire, once known collectively as the ''British Commonwealth of Nations''. Progressing from colonies, their degrees of self-governing colony, colonial self-governance increased (and, in some cases, decreased) unevenly over the late 19th century through the 1930s. Vestiges of empire lasted in some dominions well into the late 20th century. With the evolution of the British Empire following the 1945 conclusion of the Second World War into the modern Commonwealth of Nations (after which the former Dominions were often referred to as the ''Old Commonwealth''), finalised in 1949, the dominions became independent states, either as republics in the Commonwealth of Nations, Commonwealth republics or Commonwealth realms. In 1925, the government of the United Kingdom created the Secretary of State for Dominion Affairs, Dominions Office from the Colonial Office, although for the next five yea ...
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Balfour Declaration 1926
The Balfour Declaration of 1926 was issued by the 1926 Imperial Conference of British Empire leaders in London. It was named after Arthur Balfour, who was Lord President of the Council. It declared the United Kingdom and the Dominions to be: The Inter-Imperial Relations Committee, chaired by Balfour, drew up the document preparatory to its unanimous approval by the imperial prime ministers on 15 November 1926. It was first proposed by South African Prime Minister J. B. M. Hertzog and Canadian Prime Minister A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ... William Lyon Mackenzie King. The declaration accepted the growing political and diplomatic independence of the Dominions in the years after World War I. It also recommended that the governors-general, the represent ...
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Royal And Parliamentary Titles Act 1927
The Royal and Parliamentary Titles Act 1927 ( 17 & 18 Geo. 5. c. 4) was an act of the Parliament of the United Kingdom that authorised the alteration of the British monarch's royal style and titles, and altered the formal name of the British Parliament and hence of the state, in recognition of most of Ireland separating from the United Kingdom as the Irish Free State. It received royal assent on 12 April 1927. Background to the act As a result of the Anglo-Irish Treaty, in December 1922 most of Ireland was detached from the United Kingdom of Great Britain and Ireland to become the Irish Free State. However, six north-eastern counties, all within Ulster, remained united with Great Britain as Northern Ireland. The King's title, proclaimed under the Royal Titles Act 1901, was: "George V, by the Grace of God, of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas King, Defender of the Faith, Emperor of India"''Imperial Conference, 192 ...
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1926 Imperial Conference
The 1926 Imperial Conference was the fifth Imperial Conference bringing together the prime ministers of the Dominions of the British Empire. It was held in London from 19 October to 23 November 1926. The conference was notable for producing the Balfour Declaration, which established the principle that the dominions are all equal in status, and "autonomous communities within the British Empire" not subordinate to the United Kingdom. The term "Commonwealth" was officially adopted to describe the community. The conference was arranged to follow directly after the 1926 Assembly of the League of Nations (in Geneva, Switzerland), to reduce the amount of travelling required for the dominions' representatives. The conference created the Inter-Imperial Relations Committee, chaired by Arthur Balfour, to look into future constitutional arrangements for the Commonwealth. In the end, the committee rejected the idea of a codified constitution, as espoused by South Africa's former Prime Min ...
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