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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] |
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] |
Section 51(xxvi) Of The Constitution Of Australia
Section 51(xxvi) of the Constitution of Australia,(xxvi). commonly called the race power, is the subsection of Section 51 of the Constitution of Australia granting the Australian Commonwealth the power to make special laws for people of any race. As initially written, s 51(xxvi) empowered the Federal Parliament to make laws with respect to: "The people of any race, ''other than the aboriginal race in any State'', for whom it is deemed necessary to make special laws". The Australian people voting at the 1967 referendum deleted the words in italics, moving and centralising the existing State Parliaments' race power to the Federal government. Edmund Barton had argued in the 1898 Constitutional Convention that s 51(xxvi) was necessary to enable the Commonwealth to "regulate the affairs of the people of coloured or inferior races who are in the Commonwealth". The section was intended to enable the Commonwealth to pass laws restricting such migrant labourers as the Chinese and Kan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Enumerated Powers (United States)
The enumerated powers (also called expressed powers, explicit powers or delegated powers) of the United States Congress are the powers granted to the federal government of the United States by the United States Constitution. Most of these powers are listed in Article I, Section 8. In summary, Congress may exercise the powers that the Constitution grants it, subject to the individual rights listed in the Bill of Rights. Moreover, the Constitution expresses various other limitations on Congress, such as the one expressed by the Tenth Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Historically, Congress and the Supreme Court have broadly interpreted the enumerated powers, especially by deriving many implied powers from them. The enumerated powers listed in Article One include both exclusive federal powers, as well as concurrent powers that are shared ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 51(xxxviii) Of The Constitution Of Australia
Section 51(xxxviii) of the Constitution of Australia was intended to give the states of Australia independence from the UK Parliament, as it authorised the Commonwealth Parliament to, with the consent of the relevant state parliament(s), do anything the UK Parliament could do on their behalf, including repeal British laws that applied to them.:164 Despite this, the Commonwealth itself remained subject to Imperial laws of paramount force,:165 until it finally evolved full legislative independence from the UK with the passage of the Statute of Westminster Adoption Act 1942 The Statute of Westminster Adoption Act 1942 is an act of the Australian Parliament that formally adopted sections 2–6 of the Statute of Westminster 1931, an Act of the Parliament of the United Kingdom enabling the total legislative independ ....:167 Reference list {{Constitution of Australia Australian constitutional law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fiscal Imbalance
Fiscal imbalance is a mismatch in the revenue powers and expenditure responsibilities of a government. Fiscal imbalances as differences in net fiscal benefits A fiscal imbalance emerges when sub-national governments have different abilities to raise funds from their tax bases and to provide services. This creates differences in ‘net fiscal benefits’, which are a combination of levels of taxation and public services. It is these NFBs which are the main cause of horizontal fiscal disparities that in turn generate the need for equalization grants. Prominent among the objectives commonly attributed to intergovernmental fiscal transfers is ‘equalization’ of fiscal capacities or resolution of fiscal imbalances. Thus, the transfer system can promote efficiency in the public sector and can level the field for intergovernmental competition. The discussion of fiscal imbalance and equalisation was of particular importance in the drafting of the new Iraqi constitution. It was a stick ... [...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] |
R V Burgess; Ex Parte Henry
''R v Burgess; Ex parte Henry'' is a 1936 High Court of Australia case where the majority took a broad view of the external affairs power in the Constitution but held that the interstate trade and commerce power delineated trade and commerce within a state, rejecting an argument that the power extended to activities that were commingled with interstate activities. The court set aside the conviction of daredevil pilot Goya Henry for breach of the regulations as they went further than was necessary to carry out and give effect to the convention. Background In 1919 Australia had entered into the ''Convention Relating to the Regulation of Aerial Navigation'', and parliament enacted the ''Aircraft Navigation Act'' 1920, which authorised the Governor-General to make regulations to give effect to the Convention. Henry was convicted of flying without a license, having flown around, over and under the Sydney Harbour Bridge. The Commonwealth relied upon 3 sources of constitutional ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Amalgamated Society Of Engineers V Adelaide Steamship Co
Amalgamation is the process of combining or uniting multiple entities into one form. Amalgamation, amalgam, and other derivatives may refer to: Mathematics and science * Amalgam (chemistry), the combination of mercury with another metal **Pan amalgamation, another extraction method with additional compound **Patio process, the use of mercury amalgamation to extract silver * Amalgamation (geology), the creation of a stable continent or craton by the union of two terranes; see Tectonic evolution of the Barberton greenstone belt * Amalgamation paradox in probability and statistics, also known as Simpson's paradox * Amalgamation property in model theory * Free product with amalgamation, in mathematics, especially group theory, an important construction Arts, entertainment, and media * Amalgamated Broadcasting System, a short-lived American radio network during the 1930s * Amalgamation (fiction), the concept of creating an element in a work of fiction by combining existing things ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Isaac Isaacs
Sir Isaac Alfred Isaacs, (6 August 1855 – 11 February 1948) was an Australian lawyer, politician, and judge who served as the ninth Governor-General of Australia, in office from 1931 to 1936. He had previously served on the High Court of Australia from 1906 to 1931, including as Chief Justice from 1930. Isaacs was born in Melbourne and grew up in Yackandandah and Beechworth (in country Victoria). He began working as a schoolteacher at the age of 15, and later moved to Melbourne to work as a clerk and studied law part-time at the University of Melbourne. Isaacs was admitted to the bar in 1880, and soon became one of Melbourne's best-known barristers. He was elected to the Victorian Legislative Assembly in 1892, and subsequently served as Solicitor-General under James Patterson, and Attorney-General under George Turner and Alexander Peacock. Isaacs entered the new federal parliament at the 1901 election, representing the Protectionist Party. He became Attorney-Genera ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reserved Powers Doctrine
The reserved powers doctrine was a principle used by the inaugural High Court of Australia in the interpretation of the Constitution of Australia, that emphasised the context of the Constitution, drawing on principles of federalism, what the Court saw as the compact between the newly formed Commonwealth and the former colonies, particularly the compromises that informed the text of the constitution. The doctrine involved a restrictive approach to the interpretation of the specific powers of the Federal Parliament to preserve the powers that were intended to be left to the States. The doctrine was challenged by the new appointments to the Court in 1906 and was ultimately abandoned by the High Court in 1920 in the '' Engineers' Case'',. replaced by an approach to interpretation that emphasised the text rather than the context of the Constitution. __TOC__ Background The Constitution sets up the Commonwealth of Australia as a federal polity, with enumerated limited specific powers ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Council Of Australasia
The Federal Council of Australasia was a forerunner to the current Commonwealth of Australia, though its structure and members were different. The final (and successful) push for the Federal Council came at a "Convention" on 28 November 1883, which met in Sydney, and at which the six Australian colonies, New Zealand and Fiji were represented. The conference was called to debate the strategies needed to counter the activities of the German Empire, German and French Third Republic, French in New Guinea and in New Hebrides. Sir Samuel Griffith, the Premier of Queensland, drafted a bill to constitute the Federal Council. The Federal Council was a limited legislative body. It had powers to legislate directly upon certain matters, such as in relation to extradition, regulation of fisheries, patents of invention and discovery and copyright, and so on, but it did not have a permanent secretariat, executive powers, or any revenue of its own. The representatives considered that the formati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1946 Australian Referendum (Social Services)
The ''Constitution Alteration (Social Services) Bill 1946'', was a successful proposal to alter the Australian Constitution to give the Commonwealth power over a range of social services. The question was put to a referendum in the 1946 Australian referendum with two other (unrelated) questions. It was carried and inserted into section 51 of the Australian Constitution. Question ''Do you approve of the proposed law for the alteration of the Constitution entitled 'Constitution Alteration (Social Services) 1946'?'' Section 51 of the Australian Constitution grants the commonwealth legislative power. Prior to this amendment the only social services provision was s51(xxiii) that gave power to legislate for invalid and old-age pensions. The proposal was to introduce s51(xxiiiA), which reads:. (xxiiiA) the provision of maternity allowances, widows' pensions, child endowment, unemployment, pharmaceutical, sickness and hospital benefits, medical and dental services (but not so as to au ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
