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Section 41 Of The Constitution Of Australia
Section 41 of the Australian Constitution is a provision within Chapter I, Part IV of the Constitution of Australia. It deals with the right of electors of States. During the time of federation, section 41 was used to ensure that no one that was enfranchised under the Constitution would be disenfranchised by the introduction of a replacement statutorily-defined franchise. Modern case lawspecifically those since ''R v Pearson; Ex parte Sipka'' in 1983have concluded that this section no longer has any actual effect, and that no express right to vote in Australia can be inferred from it. Text Historical importance Women's suffrage At the time that the Australian Constitution was drafted, South Australia was the only state which allowed women to vote. The drafters feared that if the Constitution did not allow South Australian women to vote in federal elections, they would vote against federalism. Section 41 therefore would allow South Australian women to vote in federal ele ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chapter I 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Both Houses Of The Parliament
Both may refer to: People * Both (surname) Music * The Both, an American musical duo consisting of Aimee Mann and Ted Leo; also their self-titled first album * Both (song), "Both" (song), by Gucci Mane featuring Drake * BOTH, Belgian-French musical duo known for the 2014 single "Straight Outta Line" * Both, a single by Tiësto with 21 Savage and Bia (rapper), Bia (2023) Other uses * Both (film), ''Both'' (film), a 2005 film about an intersex stunt woman in San Francisco * Both respirator, a medical "iron lung" made from more inexpensive plywood {{disambiguation ... [...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] |
Federation Of Australia
The Federation of Australia was the process by which the six separate British self-governing colonies of Queensland, New South Wales, Victoria, Tasmania, South Australia (which also governed what is now the Northern Territory), and Western Australia agreed to unite and form the Commonwealth of Australia, establishing a system of federalism in Australia. The colonies of Fiji and New Zealand were originally part of this process, but they decided not to join the federation. Following federation, the six colonies that united to form the Commonwealth of Australia as states kept the systems of government (and the bicameral legislatures) that they had developed as separate colonies, but they also agreed to have a federal government that was responsible for matters concerning the whole nation. When the Constitution of Australia came into force, on 1 January 1901, the colonies collectively became states of the Commonwealth of Australia. The efforts to bring about federation in the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Suffrage
Suffrage, political franchise, or simply franchise is the right to vote in public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally in English, the right to vote is called active suffrage, as distinct from passive suffrage, which is the right to stand for election. The combination of active and passive suffrage is sometimes called ''full suffrage''. In most democracies, eligible voters can vote in elections for representatives. Voting on issues by referendum ( direct democracy) may also be available. For example, in Switzerland, this is permitted at all levels of government. In the United States, some states allow citizens the opportunity to write, propose, and vote on referendums ( popular initiatives); other states and the federal government do not. Referendums in the United Kingdom are rare. Suffrage continues to be especially restricted on the basis of age, residency and citizenship ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Pearson; Ex Parte Sipka
''R v Pearson; Ex parte Sipka'',. was a landmark Australian court case decided in the High Court of Australia on 24 February 1983. It concerned section 41 of the Australian Constitution, and the question of whether four people eligible to vote in New South Wales could be prevented from voting at the federal level by a federal law which closed registration to vote on the day that the writs of election were issued. The court decided that they could, adopting a narrow interpretation of section 41, and therefore finding that there is no express constitutional right to vote in Australia. Background to the case In 1983, section 45 of the ''Commonwealth Electoral Act 1918'' provided that: 45 (a) Claims for enrolment... which are received by the Registrar after six o'clock in the afternoon of the day of the issue of the writ for an election shall not be registered until after the close of polling at the election. This had the effect of closing the electoral roll on the day when an el ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Suffrage In Australia
Suffrage in Australia is the voting rights in the Australia, Commonwealth of Australia, its six component states (before 1901 called colonies) and territories, and local governments. The colonies of Australia began to grant universal male suffrage from 1856, with women's suffrage on equal terms following between the 1890s and 1900s. Some jurisdictions introduced racial restrictions on voting from 1885, and by 1902 most Australian residents who were not of European descent were explicitly or effectively excluded from voting and standing for office, including at the Federal level. Such restrictions had been removed by 1966. Today, the right to vote at all levels of government is held by citizens of Australia over the age of 18 years, excluding some prisoners and people "of unsound mind". History Pre-parliamentary The first governments established after 1788 were autocratic and run by appointed Governors of New South Wales, governors. The governors were subject to English law an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Amendment (Adult Suffrage) Act 1894
The ''Constitutional Amendment (Adult Suffrage) Act 1894'' was an Act of the Parliament of South Australia to amend the South Australian '' Constitution Act 1856'' to include women's suffrage. It was the seventh attempt to introduce voting rights for women and received widespread public support including the largest petition ever presented to the South Australian parliament. The proposed legislation was amended during debate to include the right of women to stand for parliament after an opponent miscalculated that such a provision would cause the bill to be defeated. Once passed, South Australia become the fourth state in the world to give women the vote and the first to give women the right to be elected to parliament. Background The first resolution in the South Australian House of Assembly to give women the vote was introduced by Sir Edward Charles Stirling in 1885, and was passed but not acted upon. Six bills were introduced unsuccessfully into Parliament over the but it ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
King V Jones
''King v Jones'' was an Australian court case decided in the High Court of Australia on 1 September 1972.. It concerned section 41 of the Australian Constitution, and whether that section gave a person who had the right to vote in elections in South Australia the right to vote in elections at a federal level. The main issue in the case was the meaning of the words "adult person" in section 41. The court decided that those words only applied to people who had attained the age of 21. A more significant issue, whether section 41 is a guarantee or a transitional provision, was considered briefly in this case. Background to the case Before 1970, the legal voting age was 21 across Australia, at both the federal level and in all of the states and territories of Australia. In that year however, the state of Western Australia lowered the voting age to 18, and New South Wales passed a law to lower the age, although it had not yet taken effect at the time of this case. South Australia lo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Franchise Act 1902
The Commonwealth Franchise Act 1902 (Cth) was an Act of the Parliament of Australia which set out who was entitled to vote in Australian federal elections. The Act established, in time for the 1903 Australian federal election, suffrage for federal elections for those who were British subjects over 21 years of age who had lived in Australia for six months. The Act excluded natives of Australia, Asia, Africa and the Pacific Islands (other than New Zealand) from the federal franchise, unless they were already enrolled to vote in an Australian state. The Act gave Australian women the right to vote and stand for parliament at the federal level unless they fell into one of the categories of people excluded from the franchise. The Act was repealed and replaced by the Commonwealth Electoral Act 1918. History Before the Federation of Australia in 1901, Australia consisted of six colonies, each with its own voting system and franchise. After federation, the colonies became states with ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sydney Law Review
The ''Sydney Law Review'' is a peer-reviewed generalist law journal established in 1953 and published by the Sydney Law School. The Review features original peer-reviewed articles, the 'Before the High Court' column, and review essays and book reviews commissioned by the Editorial Board. Students enrolled in the Sydney Law Review unit of study have the opportunity to publish case notes and law reform comments in the journal. References External links * * Sydney Law School, University of Sydney Sydney Law Review archive on AustLII Australasian Legal Information Institute The Australasian Legal Information Institute (AustLII) is an institution operated jointly by the Faculties of Law of the University of Technology Sydney and the University of New South Wales. Its public policy purpose is to improve access to just ... Australian law journals Quarterly journals English-language journals Academic journals established in 1953 {{law-journal-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
