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Australian Constitutional Law
Australian constitutional law is the area of the law of Australia relating to the interpretation and application of the Constitution of Australia. Legal cases regarding Australian constitutional law are often handled by the High Court of Australia, the highest court in the Australian judicial system. Several major doctrines of Australian constitutional law have developed. Background Constitutional law in the Commonwealth of Australia consists mostly of that body of doctrine which interprets the Commonwealth Constitution. The Constitution itself is embodied in clause 9 of the Commonwealth of Australia Constitution Act, which was passed by the British Parliament in 1900 after its text had been negotiated in Australian Constitutional Conventions in the 1890s and approved by the voters in each of the Australian colonies. The British government did, however, insist on one change to the text, to allow a greater range of appeals to the Privy Council in London. It came into force ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional History Of Australia
The Constitutional history of Australia is the history of Australia's foundational legal principles. Australia's legal origins as a nation state began in the colonial era, with the reception of English law and the lack of any regard to existing Indigenous legal structures. As the colonies expanded, Australia gradually began to achieve de facto independence. Over the years as a result the foundations of the Australian legal system gradually began to shift. This culminated in the Australia Act, an act formally ending legal ties with the UK. Settlement Prior to European settlement of Australia, Europeans had been to the land merely as explorers. The only exception was James Cook who in 1770 sailed up most of the east coast of Australia and then claimed the entire coastline he had just explored as British territory. No formal legal justification was made of the claim at the time, but in any event no regard was given to any potential Indigenous legal rights. Orders-in-Council were i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The 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 applications for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Convention (political Custom)
A convention, also known as a constitutional convention, is an codification (law), uncodified tradition that is followed by the institutions of a state. In some states, notably those Commonwealth of Nations, Commonwealth states that follow the Westminster system and whose political systems derive from Constitution of the United Kingdom, British constitutional law, most government functions are guided by constitutional convention rather than by a formal written constitution. In these states, actual distribution of power may be markedly different from those the formal constitutional documents describe. In particular, the formal constitution often confers wide discretionary powers on the head of state that, in practice, are used only on the advice of the head of government, and in some cases not at all. Some constitutional conventions operate separately from or alongside written constitutions, such as in Canada since the country was formed with the enactment of the Constitution Act, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliamentary Library Of Australia
The Parliamentary Library of Australia is a significant research and information service that supports the Parliament of Australia. Established in 1901, the library is an integral part of the Department of Parliamentary Services and provides independent, impartial and comprehensive information to members of Parliament, namely members of the Senate and House of Representatives, their staff and the broader parliamentary community. History The library was established in 1901, the year of the federation of the Commonwealth of Australia. Control of the new library was controversial as the fledgling parliament was located in Melbourne where the Victorian premier and the library committee of the State Library of Victoria sought to influence the control and management of the library. From 1923 the library used two names describing the two roles and two collections ''Commonwealth Parliament Library'' which designated the parliamentary collection and ''Commonwealth National Library'' to de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Political Minister
A minister is a politician who heads a ministry, making and implementing decisions on policies in conjunction with the other ministers. In some jurisdictions the head of government is also a minister and is designated the 'prime minister', 'premier', 'chief minister', 'chancellor' or other title. In Commonwealth realm jurisdictions which use the Westminster system of government, ministers are usually required to be members of one of the houses of Parliament or legislature, and are usually from the political party that controls a majority in the lower house of the legislature. In other jurisdictions—such as Belgium, Mexico, Netherlands, Philippines, Slovenia, and Nigeria—the holder of a cabinet-level post or other government official is not permitted to be a member of the legislature. Depending on the administrative arrangements in each jurisdiction, ministers are usually heads of a government department and members of the government's ministry, cabinet and perhaps of a comm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliament Of Australia
The Parliament of Australia (officially the Parliament of the Commonwealth and also known as the Federal Parliament) is the federal legislature of Australia. It consists of three elements: the Monarchy of Australia, monarch of Australia (represented by the Governor-General of Australia, governor-general), the Australian Senate, Senate (the upper house), and the Australian House of Representatives, House of Representatives (the lower house).''Australian Constitution's 1– via Austlii. The Australian Parliament combines elements from the British Westminster system, in which the party or coalition with a majority in the lower house is entitled to form a government, and the United States Congress, which affords equal representation to each of the states, and scrutinises legislation before it can be signed into law. The upper house, the Senate, consists of 76 members: twelve for each States and territories of Australia, state, and two for each of the self-governing States and terr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Queen Victoria
Victoria (Alexandrina Victoria; 24 May 1819 – 22 January 1901) was Queen of the United Kingdom of Great Britain and Ireland from 20 June 1837 until Death and state funeral of Queen Victoria, her death in January 1901. Her reign of 63 years and 216 days, which was List of monarchs in Britain by length of reign, longer than those of any of her predecessors, constituted the Victorian era. It was a period of industrial, political, scientific, and military change within the United Kingdom of Great Britain and Ireland, United Kingdom, and was marked by a great expansion of the British Empire. In 1876, the British parliament voted to grant her the additional title of Empress of India. Victoria was the daughter of Prince Edward, Duke of Kent and Strathearn (the fourth son of King George III), and Princess Victoria of Saxe-Coburg-Saalfeld. After the deaths of her father and grandfather in 1820, she was Kensington System, raised under close supervision by her mother and her Comptrol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Head Of State
A head of state is the public persona of a sovereign state.#Foakes, Foakes, pp. 110–11 "[The head of state] being an embodiment of the State itself or representative of its international persona." The name given to the office of head of state depends on the country's form of government and any separation of powers; the powers of the office in each country range from being also the head of government to being little more than a ceremonial figurehead. In a parliamentary system, such as Politics of India, India or the Politics of the United Kingdom, United Kingdom, the head of state usually has mostly ceremonial powers, with a separate head of government. However, in some parliamentary systems, like Politics of South Africa, South Africa, there is an executive president that is both head of state and head of government. Likewise, in some parliamentary systems the head of state is not the head of government, but still has significant powers, for example Politics of Morocco, Moro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pape V Commissioner Of Taxation
''Pape v Federal Commissioner of Taxation'' is an Australian court case concerning the constitutional validity of the ''Tax Bonus for Working Australians Act (No 2) 2009'' (Cth) which sought to give one-off payments of up to $900 to Australian taxpayers.''Pape v Commissioner of Taxation''Judgement summaryat High Court of Australia Website. The decision of the High Court of Australia was announced on 3 April 2009, with its full reasons released on 7 July 2009. The plaintiff in the case, Bryan Pape, was a law lecturer and barrister who represented himself before the Court. He challenged the legislation on the ground that the payments, said to be a tax bonus, were actually a gift and were not supported by the taxation power in the Constitution. The Commonwealth argued that the legislation was supported by all or any combination of the appropriations power under s 81 of the Constitution, the taxation power (s 51(ii)), the external affairs power (s 51(xxix)), the trade or commerce ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Paul Vout KC and Peter Willis SC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Hannah Canham * Roshan Chaile * Bora Kaplan * James McComish * William Newland * Jakub Patela * Stephen Puttick * Daniel Reynolds * Marcus Roberts * Alexander Solomon-Bridge * Ahmed Terzic * Julia Wang * Michael Wells * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Communist Party V The Commonwealth
''Australian Communist Party v The Commonwealth'', also known as the ''Communist Party Case'',. was a legal case in the High Court of Australia in 1951 in which the court declared the Communist Party Dissolution Act 1950 unconstitutional and invalid as being beyond the power of the Parliament. Notable Australian academic George Winterton described the case as "undoubtedly one of the High Court's most important decisions". (1992) 18 Melbourne University Law Review 630. Background In the general election held on 10 December 1949, Prime Minister Robert Menzies led a Liberal- Country Party coalition to government pledged to dissolving the Communist Party of Australia. The party had been banned before: following the Molotov–Ribbentrop Pact, the party had opposed Australian involvement in the Second World War in 1939, which gave Menzies' United Australia Party-Country Party government the opportunity to dissolve it on 15 June 1940 under the ''National Security (Subversive Associ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
