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Section 122 Of The Constitution Of Australia
Section 122 of the Constitution of Australia deals with matters relating to the governance of Australian territories. It gives the Commonwealth Parliament complete legislative power over the territories. This power is called the ''territories power''. The extent and terms of the representation of the territories in the House of Representatives and the Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ... are also stated as being at the discretion of the Commonwealth Parliament. The precise text of the section is: The Parliament may make laws for the government of any territory surrendered by any State to and accepted by the Commonwealth, or of any territory placed by the Queen under the authority of and accepted by the Commonwealth, or otherwise acquired by the Commonwealth, an ... [...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] |
States And Territories Of Australia
The states and territories are the national subdivisions and second level of government of Australia. The states are partially sovereignty, sovereign, administrative divisions that are autonomous administrative division, self-governing polity, polities, having ceded some sovereign rights to the Australian Government, federal government. They have their own state constitutions in Australia, constitutions, Parliaments of the Australian states and territories, legislatures, Premiers and chief ministers of the Australian states and territories, executive governments, Judiciary of Australia#State and territory courts and tribunals, judiciaries and state police#Australia, law enforcement agencies that administer and deliver public policy, public policies and programs. Territories can be autonomous administrative division, autonomous and administer local policies and programs much like the states in practice, but are still legally subordinate to the federal government. Australia has si ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian House Of Representatives
The House of Representatives is the lower house of the bicameralism, bicameral Parliament of Australia, the upper house being the Australian Senate, Senate. Its composition and powers are set out in Chapter I of the Constitution of Australia. The term of members of the House of Representatives is a maximum of three years from the date of the first sitting of the House, but on only 1910 Australian federal election, one occasion since Federation has the maximum term been reached. The House is almost always dissolved earlier, usually alone but sometimes in a double dissolution alongside the whole Senate. Elections for members of the House of Representatives have always been held in conjunction with those for the Senate since the 1970s. A member of the House may be referred to as a "Member of Parliament" ("MP" or "Member"), while a member of the Senate is usually referred to as a "senator". Under the conventions of the Westminster system, the Australian Government, government of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Senate
The Senate is the upper house of the Bicameralism, bicameral Parliament of Australia, the lower house being the Australian House of Representatives, House of Representatives. The powers, role and composition of the Senate are set out in Chapter I of the Constitution of Australia, federal constitution as well as federal legislation and Constitutional convention (political custom), constitutional convention. There are a total of 76 senators: twelve are elected from each of the six states and territories of Australia, Australian states, regardless of population, and two each representing the Australian Capital Territory (including the Jervis Bay Territory and Norfolk Island) and the Northern Territory (including the Australian Indian Ocean Territories). Senators are popularly elected under the single transferable vote system of proportional representation in state-wide and territory-wide districts. Section 24 of the Constitution of Australia, Section 24 of the Constitution provi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 51 Of The Constitution Of Australia
Section 51 of the Constitution of Australia enumerates the legislative powers granted to the Parliament of Australia by the Australian States at Federation. Each subsection, or 'head of power', provides a topic under which the parliament is empowered to make laws. There are other sections in the constitution that enable the parliament to enact laws, although the scope of those other sections are generally limited in comparison with section 51. The powers The powers enumerated within section 51 are reflective in their topics of being those that Australia's colonies perceived as being best within the purview of a national government. The full list of powers is available on the Australian Parliament'website In modern times, the most prominent heads of power for Commonwealth legislative purposes are arguably: (i) the interstate trade and commerce power, (ii) the taxation power, (xx) the corporations power, and (xxix) the external affairs power. This is because these sections ha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chapter III Court
In Australian constitutional law, chapter III courts are courts of law which are a part of the Australian federal judiciary and thus are able to discharge Commonwealth judicial power. They are so named because the prescribed features of these courts are contained in chapter III of the Australian Constitution. Separation of powers in Australia The doctrine of separation of powers refers to a system of government whereby three aspects of government powerlegislative power, executive power, and judicial powerare vested in separate institutions. This doctrine holds that abuse of power can be avoided by each arm of government acting as a check on another. In Australia, this separation is implied in the structure of the Constitution. Chapter I outlines legislative powerthe making, altering or repealing of laws; chapter II outlines executive powerthe general and detailed carrying on of governmental functions; chapter III outlines judicial powerthe interpretation of law, and adjudicatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kable V Director Of Public Prosecutions (NSW)
''Kable v DPP'',. is a decision of the High Court of Australia. It is a significant case in Australian constitutional law. The case is notable for having established the 'Kable Doctrine', a precept in Australian law with relevance to numerous important legal issues; including the separation of powers, parliamentary sovereignty, Australian federalism, and the judicial role. It is particularly significant as one of the few restraints upon the otherwise plenary legislative powers of state parliaments in Australia, aside from those imposed by the Commonwealth through section 109. The ''Kable'' decision is controversial among legal scholars. Facts Gregory Kable had been sentenced to five years imprisonment for the manslaughter of his wife. In gaol, Kable had sent threatening letters to the people who denied him access to his children. He was charged and sentenced to an additional 16 months for writing the letters in 1990. Four years later, having been granted no parole, he was re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 90 Of The Constitution Of Australia
Section 90 of the Constitution of Australia prohibits the States from imposing customs duties and excise duties. The section bars the States from imposing any tax that would be considered to be of a customs or excise nature. While customs duties are easy to determine, the status of excise, as summarised in '' Ha v New South Wales'', is that it consists of "taxes on the production, manufacture, sale or distribution of goods, whether of foreign or domestic origin." This effectively means that States are unable to impose sales taxes. Whether a State tax is of an excise nature or not has been the subject of numerous cases in the High Court of Australia, and it has had difficulty in reaching a clear majority opinion as to how "excise" should be interpreted in specific circumstances. It has been described as "one of the significant failures of the High Court." Text Scope Starting with '' Peterswald v Bartley'' (1904), it was initially held that "excise" is an indirect tax, and is acco ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eminent Domain
Eminent domain, also known as land acquisition, compulsory purchase, resumption, resumption/compulsory acquisition, or expropriation, is the compulsory acquisition of private property for public use. It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose. This power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized to exercise the functions of public character. The most common uses of property taken by eminent domain have been for roads, government buildings and public utility, public utilities. Many railroads were given the right of eminent domain to obtain land or easements in order to build and connect rail networks. In the mid-20th century, a new application of eminent domain was pioneered, in which the government could take the property and transfer it to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 51(xxxi)
Section 51(xxxi) is a subclause of section 51 of the Constitution of Australia. Legislative powers of the Parliament. It empowers the Commonwealth to make laws regarding the acquisition of property, but stipulates that such acquisitions must be on just (fair) terms. The subclause is sometimes referred to in shorthand as the 'just terms' provision. Aside from its importance to Australian constitutional law and property law, the section is notable for its role as a plot device in the Australian film '' The Castle''. Text Section 51(xxxi) reads: Jurisprudence While s51(xxxi) was adapted from the US Constitution's Fifth Amendment, it has many differences. The 'just terms' requirement has been held not to affect the state parliaments. In ''Grace Bros Pty Ltd v The Commonwealth'' (1946), Justice Dixon stated that the inclusion of the condition was to "prevent arbitrary exercises of the power at the expense of a State or a subject.". The interpretation of the terms "acquis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
