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Section 51(xxix) Of The Australian Constitution
Section 51(xxix) of the Australian Constitution is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament of Australia the right to legislate with respect to "external affairs". In recent years, most attention has focused on the use of the power to pass legislation giving effect within Australia to its obligations under international treaties and conventions. In some cases, as with human rights or environmental protection, the activities regulated by treaty-implementing legislation have not been international in nature but rather located solely within Australia or even solely within a particular State. In Australia, developments in international law have no direct effect for domestic purposes unless a deliberate law-making act by the proper law-making authority has "transformed" the international rule into a domestic rule. Origins According to Constitutional law academic Michael Coper, it is "not entirely clear what the founding fathe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 51 Of The Australian Constitution
Section 51 of the Constitution of Australia enumerates the legislative powers granted to the Parliament of Australia by the States and territories of Australia, Australian States at Federation of Australia, 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) Section 51(i) of the Australian Constitution, the interstate trade and commerce power, (ii) the Section 51(ii) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New South Wales V Commonwealth (1975)
''New South Wales v Commonwealth'' may refer to a number of 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 establi ... cases: * ''New South Wales v Commonwealth'' (1908) 7 CLR 179 * ''New South Wales v Commonwealth'' (1915) 20 CLR 54, Wheat Case * ''New South Wales v Commonwealth'' (1932) 46 CLR 155, Garnishee Case No 1 * ''New South Wales v Commonwealth'' (1975) 135 CLR 337, Seas and Submerged Lands Case * ''New South Wales v Commonwealth'' (1983) 151 CLR 302, Hospital Benefits Fund Case * ''New South Wales v Commonwealth'' (1990) 169 CLR 482, Incorporation Case * ''New South Wales v Commonwealth'' (2006), WorkChoices Case {{Caselaw disambiguation High Court of Australia cases Australian constitutional law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Victoria V Commonwealth (1996)
''Victoria v Commonwealth'' may refer to a number of 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 establi ... cases: * ''Victoria v Commonwealth'' (1926) 38 CLR 399, the ''Federal Aid Roads Act'' case * ''Victoria v Commonwealth'' (1937) 58 CLR 618, the Kakariki/Shipwrecks case * ''Victoria v Commonwealth'' (1957) 99 CLR 575, the Second Uniform Tax case * ''Victoria v Commonwealth'' (1971) 122 CLR 353, the Payroll Tax case * ''Victoria v Commonwealth'' (1975) 134 CLR 81, the ''Petroleum and Minerals Authority Act'' case * ''Victoria v Commonwealth'' (1975) 134 CLR 338, the Australian Assistance Plan case * ''Victoria v Commonwealth'' (1996) 187 CLR 416, the ''Industrial Relations Act'' case {{Caselaw disambiguation Case law disambiguation pages High Court o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Richardson V Forestry Commission Of Tasmania
''Richardson v Forestry Commission of Tasmania''. is an Australian legal decision in which the High Court of Australia upheld a Commonwealth law providing interim protection of an area of Tasmanian wilderness while an inquiry assessed what parts of the wilderness should be listed for World Heritage protection. It implemented the constitutional external affairs power for environmental protection Environmental protection, or environment protection, refers to the taking of measures to protecting the natural environment, prevent pollution and maintain ecological balance. Action may be taken by individuals, advocacy groups and governments. ..., the last time this part of the Australian Constitution was used was in 1983 Tasmanian Dams Case. References External links * External affairs power in the Australian Constitution cases Forestry in Australia High Court of Australia cases Tasmanian forests 1988 in case law 1988 in Australian law 1988 in the environment ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
War Crime
A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostages, unnecessarily destroying civilian property, deception by perfidy, wartime sexual violence, pillaging, and for any individual that is part of the command structure who orders any attempt to committing mass killings (including genocide or ethnic cleansing), the granting of no quarter despite surrender, the conscription of children in the military, and flouting the legal Indiscriminate attack, distinctions of Proportionality (law), proportionality and military necessity. The formal concept of war crimes emerged from the codification of the customary international law that applied to warfare between sovereign states, such as the Lieber Code (1863) of the Union Army in the American Civil War and the Hague Conventions of 1899 and 1907 for int ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prosecute
A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in Civil law (legal system), civil law. The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been admitted to the bar or obtained a comparable qualification where available, such as solicitor advocates in English law, England law. They become involved in a criminal case once a suspect has been identified and Indictment, charges need to be filed. They are employed by an office of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Polyukhovich V Commonwealth
''Polyukhovich v Commonwealth'' (1991) 172 CLR 501; 991HCA 32, commonly referred to as the ''War Crimes Act Case'', was a significant case decided in the High Court of Australia regarding the scope of the external affairs power in section 51(xxix) of the Constitution and the judicial power of the Commonwealth. Background Th''War Crimes Act 1945'' (Cth)provided that any person who committed a war crime between 1 September 1939 and 8 May 1945 was guilty of an indictable offence. Ivan Timofeyevich Polyukhovich had been charged under the Act with war crimes, alleged to have been committed between September 1942 and May 1943 in Ukraine while it was under German occupation in World War II. Polyukhovich's lawyers argued that the law was beyond the scope of Commonwealth legislative power in section 51(vi) (defence) and section 51(xxix) (external affairs) of the Constitution. He further argued that the attempt to make past criminal conduct an offence was an invalid attempt to usurp t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thomas V Mowbray
''Thomas v Mowbray'', was a decision handed of the High Court of Australia on 2 August 2007 concerning the constitutional validity of "interim control orders" under the Commonwealth ''Criminal Code''. The case was brought by Joseph Terrence Thomas (referred to as "Jihad" Jack Thomas by the media), where he sought to challenge the interim control order that had been placed on him by a Federal Magistrate. The High Court ruled, by a 5:2 majority, that interim control orders were constitutional. Background facts Thomas had been the first Australian to be convicted under anti-terrorism laws introduced in Australia after the 11 September 2001 attacks in the United States.Thomas convicted under terror laws |
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. Early life Mason was born in Sydney on 21 April 1925. He was one of four children born to Eileen () and Frank Maxwell Mason. His father, a World War I veteran and Military Cross recipient, was a registered surveyor who developed a substantial practice on the North Shore of Sydney. He served terms as president of the New South Wales bodies for surveying and town planning. Mason received his early education at Kincoppal, Elizabeth Bay, where he was an acquaintance of future federal attorney-general Tom Hughes. He went on to attend Sydney Grammar School and became interested in law through his uncle Harold Mason, a prominent Sydney barrister who served briefly in state parliament. His mother ... [...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 politician, serving as a minister in the 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 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. He served terms as president of the NSW Bar Association and the Law Council of Australia. Barwick entered politics only at the age of 54, winning election to the House of Representatives at the 1958 Parramatta by-election. Prime Minister Robert Menzies made him Attorney-General by the end of the year, and in 1961 he was additionally made Minister for External Affairs. In 1964, Menzies nominated ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Law
International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generally do, obey in their mutual relations. In international relations, actors are simply the individuals and collective entities, such as states, International organization, international organizations, and non-state groups, which can make behavioral choices, whether lawful or unlawful. Rules are formal, typically written expectations that outline required behavior, while norms are informal, often unwritten guidelines about appropriate behavior that are shaped by custom and social practice. It establishes norms for states across a broad range of domains, including war and diplomacy, Trade, economic relations, and human rights. International law differs from state-based List of national legal systems, domestic legal systems in that it operates ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Relations
International relations (IR, and also referred to as international studies, international politics, or international affairs) is an academic discipline. In a broader sense, the study of IR, in addition to multilateral relations, concerns all activities among states—such as war, diplomacy, trade, and foreign policy—as well as relations with and among other international actors, such as intergovernmental organizations (IGOs), international nongovernmental organizations (INGOs), international legal bodies, and multinational corporations (MNCs). International relations is generally classified as a major multidiscipline of political science, along with comparative politics, political methodology, political theory, and public administration. It often draws heavily from other fields, including anthropology, economics, geography, history, law, philosophy, and sociology. There are several schools of thought within IR, of which the most prominent are realism, l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
