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Section 116 Of The Constitution Of Australia
Section 116 of the Constitution of Australia precludes the Commonwealth of Australia (''i.e.'', the federal parliament) from making laws for establishing any religion, imposing any religious observance, or prohibiting the free exercise of any religion. Section 116 also provides that no religious test shall be required as a qualification for any office or public trust under the Commonwealth. The product of a compromise in the pre-Federation constitutional conventions, Section 116 is based on similar provisions in the United States Constitution. However, Section 116 is more narrowly drafted than its US counterpart, and does not preclude the states of Australia from making such laws. Section 116 has been interpreted narrowly by the High Court of Australia: while the definition of "religion" adopted by the court is broad and flexible, the scope of the protection of religions is circumscribed. The result of the court's approach has been that no court has ever ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of Australia
The Constitution of Australia (or Australian Constitution) is a constitutional document that is supreme law in Australia. It establishes Australia as a federation under a constitutional monarchy and outlines the structure and powers of the Australian government's three constituent parts, the executive, legislature, and judiciary. The constitution was drafted between 1891 and 1898, through a series of conventions conducted by representatives of the six self-governing British colonies in Australia. The final draft was then approved in a set of referendums from 1898 to 1900. The British government objected to some elements of the final draft, but a slightly modified form was enacted as section 9 of the ''Commonwealth of Australia Constitution Act 1900'', an act of the Parliament of the United Kingdom. The act was given royal assent on 9 July 1900, was proclaimed on 17 September 1900, and entered into force on 1 January 1901. The constitution gave the six colonies the status o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Article Six Of The United States Constitution
Article Six of the United States Constitution establishes the laws and treaties of the United States made in accordance with it as the supreme law of the land, forbids a religious test as a requirement for holding a governmental position, and holds the United States under the Constitution responsible for debts incurred by the United States under the Articles of Confederation. Text Clauses Debts The first clause of the Article provides that debts contracted prior to the adoption of the Constitution remain valid, as they were under the Articles of Confederation. Supremacy Clause two provides that the Constitution, federal laws made pursuant to it, and treaties made under its authority constitute the supreme law of the land. It provides that state courts are bound by the supreme law; in case of conflict between federal and state law, the federal law must be applied. Even state constitutions are subordinate to federal law. The Supreme Court under John Marshall ( the Mar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obiter Dictum
''Obiter dictum'' (usually used in the plural, ''obiter dicta'') is a Latin phrase meaning "other things said",''Black's Law Dictionary'', p. 967 (5th ed. 1979). that is, a remark in a legal opinion that is "said in passing" by any judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: ''ratio decidendi'' and ''obiter dicta''. For the purposes of judicial precedent, ''ratio decidendi'' is binding, whereas ''obiter dicta'' are persuasive only. Significance A judicial statement can be ''ratio decidendi'' only if it refers to the crucial facts and law of the case. Statements that are not crucial, or which refer to hypothetical facts or to unrelated law issues, are ''obiter dicta''. ''Obiter dicta'' (often simply '' dicta'', or ''obiter'') are remarks or observations made by a judge that, although included in the body of the court's opinion, do not form a necessary part of the court's decision. In a court opinion, ''obiter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Garran
Sir Robert Randolph Garran (10 February 1867 – 11 January 1957) was an Australian lawyer who became "Australia's first public servant" – the first federal government employee after the federation of the Australian colonies. He served as the departmental secretary of the Attorney-General's Department from 1901 to 1932, and after 1916 also held the position of Solicitor-General of Australia. Garran was born in Sydney, the son of the journalist and politician Andrew Garran. He studied arts and law at the University of Sydney and was called to the bar in 1891. Garran was a keen supporter of the federation movement, and became acquainted with leading federalists like George Reid and Edmund Barton. At the 1897–98 constitutional convention he served as secretary of the drafting committee. On 1 January 1901, Garran was chosen by Barton's caretaker government as its first employee; for a brief period, he was the only member of the Commonwealth Public Service. His first duty w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Harry Gibbs
Sir Harry Talbot Gibbs, (7 February 191725 June 2005) was Chief Justice of the High Court of Australia from 1981 to 1987 after serving as a member of the High Court between 1970 and 1981. He was known as one of Australia's leading federalist judges although he presided over the High Court when decisions such as ''Koowarta v Bjelke-Petersen'' in 1982 and ''Commonwealth v Tasmania'' expanded the powers of the Commonwealth at the expense of the states. Gibbs dissented from the majority verdict in both cases. On 3 August 2012, the Supreme Court of Queensland Library opened the Sir Harry Gibbs Legal Heritage Centre. It is the only legal heritage museum of its kind in Queensland and features a permanent exhibition dedicated to the life and legacy of Sir Harry Gibbs. Early career (1917–1970) Harry Talbot Gibbs was educated at the Ipswich Grammar School and later at Emmanuel College at the University of Queensland, where he was President of the University of Queensland Union. H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Garfield Barwick
Sir Garfield Edward John Barwick, (22 June 190313 July 1997) was an Australian judge who was the seventh and longest serving Chief Justice of Australia, in office from 1964 to 1981. He had earlier been a Liberal Party of Australia, Liberal Party politician, serving as a minister in the Menzies government (1949–1966), Menzies government from 1958 to 1964. Barwick was born in Sydney, and attended Fort Street High School before going on to study law at the University of Sydney. He was call to the bar, called to the bar in 1927 and became one of Australia's most prominent barristers, appearing in many high-profile cases and frequently before the High Court of Australia, High Court. He served terms as president of the New South Wales Bar Association, NSW Bar Association and the Law Council of Australia. Barwick entered politics only at the age of 54, winning election to the Australian House of Representatives, House of Representatives at the 1958 Parramatta by-election. Prime Minis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attorney-General (Vic); Ex Rel Black V Commonwealth
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have executive responsibility for law enforcement, prosecutions or even responsibility for legal affairs generally. In practice, the extent to which the attorney general personally provides legal advice to the government varies between jurisdictions, and even between individual office-holders within the same jurisdiction, often depending on the level and nature of the office-holder's prior legal experience. Where the attorney general has ministerial responsibility for legal affairs in general (as is the case, for example, with the United States Attorney General or the Attorney-General for Australia, and the respective attorneys general of the states in each country), the ministerial portfolio is largely equivalent to that of a Minister of Justice ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attorney-General (Vic) (Ex Rel Black) V Commonwealth
''Attorney-General (Vic) ex rel Black v Commonwealth'' (popularly known as the 'DOGS case') was a 1981 Australia High Court case that held federal funding of non-government schools operated by religious organisations did not contravene the establishment clause when the funding was for ordinary educational purposes. Australian Constitution Section 116 of the Australian Constitution states that:The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth. Commonwealth not to legislate in respect of religion Decision Justice Gibbs believed that the words "The Commonwealth shall not make any law for establishing any religion", where they appear in s. 116 mean that the Commonwealth Parliament shall not make any law for conferring on a particular religion or religi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Deane
Sir William Patrick Deane (born 4 January 1931) is an Australian barrister and jurist who served as the 22nd governor-general of Australia, in office from 1996 to 2001. He was previously a Justice of the High Court of Australia from 1982 to 1995. Deane received his undergraduate education at the University of Sydney, and later studied international law at The Hague Academy of International Law in the Netherlands. Prior to joining the judiciary, Deane worked for periods as a barrister and university lecturer. He was appointed to the Supreme Court of New South Wales in 1977, and later that year was also appointed to the Federal Court of Australia. Deane was elevated to the High Court in 1982, and during his tenure was generally considered to fall on the court's progressive side. He retired from the court in 1995, and the following year was appointed governor-general on the recommendation of Paul Keating. Deane had a low profile during his five-year term, facing no major constitu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ronald Wilson
Sir Ronald Darling Wilson, (23 August 192215 July 2005) was a distinguished Australian lawyer, judge and social activist serving on the High Court of Australia between 1979 and 1989 and as the President of the Human Rights and Equal Opportunity Commission between 1990 and 1997. Wilson is probably best known as the co-author with Mick Dodson of the 1997 ''Bringing Them Home'' report into the Stolen Generation which led to the creation of a National Sorry Day and a walk for reconciliation across the Sydney Harbour Bridge in 2000 with an estimated people participating. Wilson was also one of three judges sitting on The WA Inc Royal Commission in the early 1990s which eventually led to former Premier Brian Burke being jailed in March 1997. Early life and academic background Wilson was born in Geraldton, in Western Australia (WA) on 23 August 1922. His early life was marked by sorrow and hardship. When he was four years old his mother died. At the age of seven his father, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gerard Brennan
Sir Francis Gerard Brennan (22 May 1928 – 1 June 2022) was an Australian lawyer and jurist who served as the 10th Chief Justice of Australia. As a judge in the High Court of Australia, he wrote the lead judgement on the Mabo decision, which gave rise to the Native Title Act. Early life and education Brennan was born on May 22, 1928 in Rockhampton, Queensland. He was the son of Frank Tenison Brennan, a Labor Party politician, lawyer and judge of the Supreme Court of Queensland. He was raised as, and continued to be, a Catholic and has said: "Egalitarianism, tolerance and the respect for conscience are the practical manifestations of faith, hope and charity." Career Prime Minister Malcolm Fraser appointed Brennan to the court in 1981. As a High Court judge, Brennan wrote the lead judgement on the Mabo decision, which overturned the doctrine of '' terra nullius'' used to justify the Crown's sovereignty over Australia, replacing it with the doctrine of native tit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anthony Mason (judge)
Sir Anthony Frank Mason HonFAIB DistFRSN (born 21 April 1925) is an Australian judge who served as the ninth Chief Justice of Australia, in office from 1987 to 1995. He was first appointed to the High Court in 1972, having previously served on the Supreme Court of New South Wales. Education Raised in Sydney, Mason was a student at Sydney Grammar School. During World War II, he served in the Royal Australian Air Force, holding the rank of Flying Officer. After the war, Mason studied at the University of Sydney, graduating with the degrees of Bachelor of Arts and Bachelor of Laws. Mason articled at Clayton Utz, where he met his wife, Patricia. Legal career Mason was admitted to the New South Wales Bar. For five years he lectured in law at the University of Sydney, his students including three future High Court Justices, Mary Gaudron, William Gummow and Dyson Heydon. In November 1964, aged 39, Mason was announced as the new Solicitor-General of Australia, with an accom ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
