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Roach V Electoral Commissioner
''Roach v Electoral Commissioner''Judgement summary
at High Court of Australia website.
is a High Court of Australia case, decided in 2007, dealing with the validity of Commonwealth legislation that Felony disenfranchisement, prevented prisoners from voting. The Court held that the 2006 amendments were inconsistent with the system of representative democracy established by the Constitution of Australia, Constitution. Voting in elections lies at the heart of that system of representative government, and disenfranchisement of a group of adult citizens without a substantial reason would not be consistent with it. The three-year criterion in the 2004 amendments was held to b ...
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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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Ron Merkel
Ronald Merkel is an Australian jurist, who was formerly a Judge of the Federal Court of Australia. Education Merkel was educated at Melbourne High School and the University of Melbourne, where he obtained a Bachelor of Laws in 1963. Career Merkel was admitted to the legal profession in March 1964 and was subsequently called to the bar in 1971. He was appointed Queen's Counsel in November 1982. In 1985 Merkel, along with Uncle Jim Berg, and Ron Castan, sued the University of Melbourne and the Museum of Victoria for the return of their collections of Indigenous cultural material and through this act created the Koorie Heritage Trust. He served on the Federal Court of Australia The Federal Court of Australia is an Australian superior court which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indictable (mo ... between 5 February 1996 and 15 May 2006 after whic ...
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2007 In Australian Law
7 (seven) is the natural number following 6 and preceding 8. It is the only prime number preceding a cube. As an early prime number in the series of positive integers, the number seven has symbolic associations in religion, mythology, superstition and philosophy. The seven classical planets resulted in seven being the number of days in a week. 7 is often considered lucky in Western culture and is often seen as highly symbolic. Evolution of the Arabic digit For early Brahmi numerals, 7 was written more or less in one stroke as a curve that looks like an uppercase vertically inverted (ᒉ). The western Arab peoples' main contribution was to make the longer line diagonal rather than straight, though they showed some tendencies to making the digit more rectilinear. The eastern Arab peoples developed the digit from a form that looked something like 6 to one that looked like an uppercase V. Both modern Arab forms influenced the European form, a two-stroke form consisting of ...
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Rights In The Australian Constitution Cases
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory. Rights are an important concept in law and ethics, especially theories of justice and deontology. The history of social conflicts has often involved attempts to define and redefine rights. According to the ''Stanford Encyclopedia of Philosophy'', "rights structure the form of governments, the content of laws, and the shape of morality as it is currently perceived". Types of rights Natural versus legal * Natural rights are rights which are "natural" in the sense of "not artificial, not man-made", as in rights deriving from human nature or from the edicts of a god. They are universal; that is, they apply to all people, and do not derive from the laws of any specific society. They exist necessarily, inhere in every individual, ...
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High Court Of Australia Cases
High may refer to: Science and technology * Height * High (atmospheric), a high-pressure area * High (computability), a quality of a Turing degree, in computability theory * High (tectonics), in geology an area where relative tectonic uplift took or takes place * Substance intoxication, also known by the slang description "being high" * Sugar high, a misconception about the supposed psychological effects of sucrose Music Performers * High (musical group), a 1974–1990 Indian rock group * The High, an English rock band formed in 1989 Albums * ''High'' (The Blue Nile album) or the title song, 2004 * ''High'' (Flotsam and Jetsam album), 1997 * ''High'' (New Model Army album) or the title song, 2007 * ''High'' (Royal Headache album) or the title song, 2015 * ''High'' (Keith Urban album), 2024 * ''High'' (EP), by Jarryd James, or the title song, 2016 Songs * "High" (Alison Wonderland song), 2018 * "High" (The Chainsmokers song), 2022 * "High" (The Cure song), 1992 * ...
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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 ...
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2007 Australian Federal Election
The 2007 Australian federal election was held in Australia on 24 November 2007. All 150 seats in the Australian House of Representatives, House of Representatives and 40 of the seats in the 76-member Australian Senate, Senate were up for election. The election featured a 39-day campaign, with 13.6 million Australians enrolled to vote. The centre-left Australian Labor Party opposition, led by Kevin Rudd and deputy leader Julia Gillard, defeated the incumbent centre-right Coalition (Australia), Coalition government, led by Liberal Party of Australia, Liberal Party leader and Prime Minister, John Howard, and National Party of Australia, Nationals leader and Deputy Prime Minister, Mark Vaile, by a Landslide victory, landslide. The election marked the end of the 11-year-long Howard-led Liberal–National Coalition government that had been in power since the 1996 Australian federal election, 1996 election. Howard lost his own seat, becoming the first sitting Australian Prime Mini ...
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Homelessness In Australia
Homelessness in Australia is a social issue concerning the number of people in Australia that are considered to be homeless. There are no internationally agreed upon definitions of homelessness, making it difficult to compare levels of homelessness across countries. A majority of people experiencing homelessness long-term in Australia are found in the large cities of Sydney, Melbourne, Brisbane and Perth. It is estimated that on any given night approximately 116,000 people will be homeless and many more are living in insecure housing, "one step away from being homeless". A person who does not obtain any shelter is often described as sleeping 'rough'. A person is considered to be homeless in Australia if they: *do not have access to safe, secure adequate housing, or, if the only housing they have access to damages, or is likely to damage, their health. *are in circumstances which threaten or adversely affect the adequacy, safety, security, or affordability of their home. *have no ...
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Section 24 Of The Constitution Of Australia
Section 24 of the Constitution of Australia is titled "Constitution of House of Representatives". It provides that the House of Representatives be "directly chosen by the people of the Commonwealth" and have roughly twice as many seats as the Senate. A High Court ruling in 1977 clarified that the provision applies to States only. A provision for Territories is instead provided by legislation passed in Parliament in accordance with Section 122 of the Constitution. The section also provides a formula for the number of seats in each State, subject to later amendment by the parliament, and guarantees at least five members for each original State. Text The House of Representatives shall be composed of members directly chosen by the people of the Commonwealth, and the number of such members shall be, as nearly as practicable, twice the number of the senators. The number of members chosen in the several States shall be in proportion to the respective numbers of their people, and shall ...
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Section 7 Of The Constitution Of Australia
Chapter I of the Constitution of Australia establishes the Parliament of Australia and its role as the legislative branch of the Government of Australia The Australian Government, also known as the Commonwealth Government or simply as the federal government, is the national Executive (government), executive government of Australia, a federalism, federal Parliamentary system, parliamentary con .... The chapter consists of 60 sections which are organised into 5 parts. Part I: General Part I contains 6 sections: * Section 1: Legislative power * Section 2: Governor-General * Section 3: Salary of Governor-General * Section 4: Provisions relating to Governor-General * Section 5: Sessions of Parliament. Prorogation and dissolution * Section 6: Yearly session of Parliament Part II: The Senate Part II contains 17 sections: *Section 7: The Senate *Section 8: Qualification of electors *Section 9: Method of election of senators in the senate *Section 10: Application of State laws *Sect ...
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Universal Suffrage
Universal suffrage or universal franchise ensures the right to vote for as many people bound by a government's laws as possible, as supported by the " one person, one vote" principle. For many, the term universal suffrage assumes the exclusion of the young and non-citizens (among others). At the same time, some insist that more inclusion is needed before suffrage can be truly universal. Democratic theorists, especially those hoping to achieve more universal suffrage, support presumptive inclusion, where the legal system would protect the voting rights of all subjects unless the government can clearly prove that disenfranchisement is necessary. Universal full suffrage includes both the right to vote, also called active suffrage, and the right to be elected, also called passive suffrage. History In the first modern democracies, governments restricted the vote to those with property and wealth, which almost always meant a minority of the male population. In some jurisdiction ...
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Human Rights Law Centre
The Human Rights Law Centre (HRLC) is an Australian human rights group, with locations in South Melbourne and Sydney. Activities Aboriginal and Torres Strait Islander people In April 2019, the HRLC compiled data showing that Indigenous Australian women were arrested for public drunkenness at 10 times the rate of the general population. This was part of an effort to convince a coroner to rule systemic racism played a role in the death of Tanya Day, an Aboriginal woman who died in police custody. In May 2019 the Australian Institute of Health and Welfare released figures showing that Indigenous minors were 17 times more likely to be in prison than non-Indigenous youth. Indigenous youth made up 48% of those aged 10–17 in prison, but were only 5% of the general population aged 10–17. The HRLC joined Change the Record, an Aboriginal-led coalition of legal and human rights organisations calling for law reform. Ruth Barson was quoted as saying that it was "common sense" that c ...
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