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Section 109 Of The Constitution Of Australia
Section 109 of the Constitution of Australia is the part of the Constitution of Australia that deals with the legislative inconsistency between Australian law, federal and state laws, and declares that valid federal laws override ("shall prevail") inconsistent state laws, to the extent of the inconsistency. Section 109 is analogous to the Supremacy Clause in the United States Constitution and the Paramountcy (Canada), paramountcy doctrine in Canadian federalism, Canadian constitutional jurisprudence, and the jurisprudence in one jurisdiction is considered persuasive in the others. Text Section 109 of the Constitution of Australia provides that: Section 109, together with section 5 of the ''Commonwealth of Australia Constitution Act 1900'' (which is not part of the Australian Constitution) have been considered to be the foundation for the existence of the judicial review power in Australia. The section provides: "Invalidity of a State law" does not mean that the State law is i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Interpretation
Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary. This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review. For example, the United States Supreme Court has decided such topics as the legality of slavery as in the ''Dred Scott'' decision, and desegregation as in the '' Brown v Board of Education'' decision, and abortion rights as in the '' Roe v Wade'' decision. As a result, how justices interpret the constitution, and the ways in which they approach this task has a political aspect. Terms describing types of judicial interpretation can be ambiguous; for example, the term ''judicial conservatism'' can vary in meaning depending on what is trying to be "conserved". One can look at judicial int ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conciliation And Arbitration Act 1904
The ''Commonwealth Conciliation and Arbitration Act 1904'' (Cth) was an Act of the Parliament of Australia, which established the Commonwealth Court of Conciliation and Arbitration, besides other things, and sought to introduce the rule of law in industrial relations in Australia. The Act received royal assent on 15 December 1904. The Act applied to industrial disputes “extending beyond the limits of any one State, including disputes in relation to employment upon State railways, or to employment in industries carried on by or under the control of the Commonwealth or a State or any public authority constituted under the Commonwealth or a State”. The Act was amended many times and was superseded by the ''Industrial Relations Act 1988'' and was repealed by the ''Industrial Relations (Consequential Provisions) Act 1988'' with effect on 1 March 1989. The ''Industrial Relations Act 1988'' was itself replaced by the '' Workplace Relations Act 1996''. Background Constituti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Owen Dixon
Sir Owen Dixon (28 April 1886 – 7 July 1972) was an Australian judge and diplomat who served as the sixth Chief Justice of Australia. Many consider him to be Australia's most prominent jurist.Graham Perkin �Its Most Eminent Symbol Hidden by The Law (published in The Age on 23 September 1959) Dixon served as a justice of the High Court of Australia, High Court for 35 years, including a 12 year period as Chief Justice. He was considered in his time to be one of the world's leading common law jurists, and his judgments reportedly "carried persuasive effect wherever the common law was applied". In his lifetime, he was showered globally with various honours, including an appointment to the Privy Council, various honours such as the Order of St Michael and St George, GCMG and Order of Merit, as well as honorary degrees from the university of Oxford, Harvard, Melbourne, and the Australian National University, as well as an award from Yale for "services to mankind". The Briti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Boot Trade Employees' Federation V Whybrow & Co
''Australian Boot Trade Employees Federation v Whybrow & Co'', commonly known as Whybrow's case or the Boot Trades case, was the third of a series of decisions of the High Court of Australia in 1910 concerning the boot manufacturing industry and the role of the Commonwealth Court of Conciliation and Arbitration in preventing and settling industrial disputes. In doing so the High Court considered the constitutional power of the Federal Parliament to provide for common rule awards and the jurisdiction of the High Court to grant prohibition against the Arbitration Court. The majority held in ''Whybrow (No 1)'' that the Arbitration Court could not make an award that was inconsistent with a State law, but that different minimum wages were not inconsistent as it was possible to obey both laws.. In ''Whybrow (No 2)'' the High Court established the doctrine of ambit, with the emphasis on the precise claim made and refused, and the practice with respect to "paper disputes" being treate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clyde Engineering Co Ltd V Cowburn
''Clyde Engineering Co Ltd v Cowburn'',. is a High Court of Australia case about inconsistency between a Commonwealth and a State law, which is dealt with in s 109 of the Australian Constitution. It contains classic statements of the denial of rights test and the covering the field test for inconsistency. Background The ''Forty-Four Hours Week Act'' 1925 (NSW) provided that workers under a Commonwealth award which stipulated a working week longer than 44 hours should be paid their full wages if they had worked for 44 hours. Cowburn was an employee of Clyde Engineering, and worked a 44-hour week. However, the Commonwealth award stated that a worker who performed less than 48 hours of work should have pay deducted for non-attendance. The decision Knox CJ and Gavan Duffy J noted that the impossibility of obedience test (see '' R v Licensing Court of Brisbane; Ex parte Daniell''). may not be appropriate in all circumstances. They formulated a new test: where one statute confers ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Frank Gavan Duffy
Sir Frank Gavan Duffy (29 February 1852 – 29 July 1936) was an Australian judge who served as the fourth Chief Justice of Australia, in office from 1931 to 1935. His total service on the High Court of Australia was from 1913 to 1935. Prior to his judicial career, he was one of Victoria's most prominent barristers. Early life Duffy was born in Dublin, Ireland, on 29 February 1852, the son of Sir Charles Gavan Duffy, who was later to become a member of the Victorian Legislative Assembly, and the eighth Premier of Victoria. He travelled to Australia with his family in 1856, but later went to England to study at Stonyhurst College in Lancashire. In 1869, Duffy returned to Australia and attended the University of Melbourne, graduating in 1872 with a Bachelor of Arts. At this time, he began to work in the public service, and started to study law.' Legal career In 1874, Duffy was called to the Victorian Bar, and began practising as a barrister in 1875. Over the next few ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adrian Knox
Sir Adrian Knox (29 November 186327 April 1932) was an Australian lawyer and judge who served as the second Chief Justice of Australia, in office from 1919 to 1930. Knox was born in Sydney, the son of businessman Sir Edward Knox. He studied law at Trinity College, Cambridge, and after returning to Australia established a successful law firm. He was elected to the New South Wales Legislative Assembly in 1894, but retired in 1898 after just two terms in office. Knox eventually became one of the best known barristers in New South Wales, taking silk in 1906 and appearing frequently in major constitutional cases. In 1919, he was somewhat unexpectedly nominated by Billy Hughes to succeed the retiring Samuel Griffith as Chief Justice. The most famous decision of his tenure was the '' Engineers case'' of 1920. Early life Knox was born in Sydney on 29 November 1863, the son of Sir Edward Knox and the former Martha Rutledge. His mother was born in Ireland, and was the sister of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Holmes à Court
Michael Robert Hamilton Holmes à Court (27 July 1937 – 2 September 1990) was a South African-born Australian businessman who became Australia's first billionaire, before dying suddenly of heart failure in 1990 at the age of 53. A great-great-grandson of William Holmes à Court, 2nd Baron Heytesbury, and a grand-nephew of William Frederick Holmes à Court, 3rd Baron Heytesbury, Holmes à Court was one of the world's most feared corporate raiders through the 1980s, having increased his properties single-handedly from virtually nothing to a diversified resources and media group with an estimated value immediately before the 1987 stock market crash of about A$2 billion. Shareholders in the company enjoyed enormous investment growth. During 1984 Robert Holmes à Court's horse Black Knight won the Melbourne Cup with a time of 3 minutes 18.19 seconds. Holmes à Court died intestate, and his estate was to be divided one-third for his widow Janet (née Ranford), and the re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Western Australia
Western Australia (WA) is the westernmost state of Australia. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to the south, the Northern Territory to the north-east, and South Australia to the south-east. Western Australia is Australia's largest state, with a land area of , and is also the List of country subdivisions by area, second-largest subdivision of any country on Earth. Western Australia has a diverse range of climates, including tropical conditions in the Kimberley (Western Australia), Kimberley, deserts in the interior (including the Great Sandy Desert, Little Sandy Desert, Gibson Desert, and Great Victoria Desert) and a Mediterranean climate on the south-west and southern coastal areas. the state has 2.965 million inhabitants—10.9 percent of the national total. Over 90 percent of the state's population live in the South-West Land Division, south-west corner and around 80 percent live in the state capital Perth, leaving the remainder ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Workers' Compensation
Workers' compensation or workers' comp is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. The trade-off between assured, limited coverage and lack of recourse outside the worker compensation system is known as "the compensation bargain.” One of the problems that the compensation bargain solved is the problem of employers becoming insolvent as a result of high damage awards. The system of collective liability was created to prevent that and thus to ensure security of compensation to the workers. While plans differ among jurisdictions, Provision (contracting), provision can be made for weekly payments in place of wages (functioning in this case as a form of disability insurance), compensation for economic loss (past and future), reimbursement or payment of medical and like expenses (functionin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ab Extra
A number of Latin terms are used in legal terminology and legal maxims. This is a partial list of these terms, which are wholly or substantially drawn from Latin, or anglicized Law Latin. __TOC__ Common law Civil law Ecclesiastical law See also * Brocard (law) * Byzantine law * Code of Hammurabi * Corpus Juris Canonici * International Roman Law Moot Court * Law French * List of Latin abbreviations * List of Latin phrases (full) * List of fallacies * List of Philippine legal terms * List of Roman laws * Twelve Tables Notes References * Gabriel Adeleye & Kofi Acquah-Dadzie Kofi Acquah-Dadzie is a Ghanaian academic, jurist and writer based in Botswana. He was the Assistant Registrar and Master of the High Court of Botswana. Early life and education Acquah-Dadzie was born in 1939 at Juaso in the Ashanti Region .... ''World dictionary of foreign expressions: A resource for readers and writers''. Ed. by Thomas J. Sienkewicz & James T. McDonough, Jr. W ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
