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Section 92 Of The Constitution Of Australia
Section 92 of the Constitution of Australia, Trade within the Commonwealth to be free. as far as is still relevant today is: This provision has been the cornerstone of significant Australian constitutional jurisprudence, which has also been quite complex. As the High Court of Australia observed in '' Cole v Whitfield'': 20. The creation of a limitation where none was expressed and where no words of limitation were acceptable was a task which, having regard to the diverse and changing nature of inter-State trade, commerce and intercourse, was likely to produce a variety of propositions. And so it has. Sir Robert Garran contemplated that a student of the first fifty years of case law on s.92 might understandably "close( ) his notebook, sell( )his law books, and resolve( ) to take up some easy study, like nuclear physics or higher mathematics." ... Some thirty years on, the student who is confronted with the heightened confusion arising from the additional case law ending with ... [...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] |
Robert Wright, Baron Wright
Robert Alderson Wright, Baron Wright, (15 October 1869 – 27 June 1964) was a British judge. A commercial barrister, he was a Justice of the High Court from 1925 to 1932, when he was directly promoted to the House of Lords as a law lord. Robert Stevens described him as "one of the few significant British appeal judges of the twentieth century." Early life and career Born in South Shields, Wright was educated at Trinity College, Cambridge, where he took a First and later held a prize fellowship. He was Call to the bar, called to the bar in 1900 by the Inner Temple and practiced at the commercial bar, having joined the chambers of Thomas Edward Scrutton. He also lectured on industrial law at the London School of Economics. He Queen's Counsel, took silk in 1917. At the 1923 United Kingdom general election, 1923 General election, he stood as the Liberal Party (UK), Liberal candidate in the Darlington (UK Parliament constituency), Darlington constituency. The Liberals, who had ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Government-owned Corporation
A state-owned enterprise (SOE) is a business entity created or owned by a national or local government, either through an executive order or legislation. SOEs aim to generate profit for the government, prevent private sector monopolies, provide goods at lower prices, implement government policies, or serve remote areas where private businesses are scarce. The government typically holds full or majority ownership and oversees operations. SOEs have a distinct legal structure, with financial and developmental goals, like making services more accessible while earning profit (such as a state railway). They can be considered as government-affiliated entities designed to meet commercial and state capitalist objectives. Terminology The terminology around the term state-owned enterprise is murky. All three words in the term are challenged and subject to interpretation. First, it is debatable what the term "state" implies (e.g., it is unclear whether municipally owned corporations and ente ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian National Airways Pty Ltd V Commonwealth
Australian(s) may refer to: Australia * Australia, a country * Australians, citizens of the Commonwealth of Australia ** European Australians ** Anglo-Celtic Australians, Australians descended principally from British colonists ** Aboriginal Australians, indigenous peoples of Australia as identified and defined within Australian law * Australia (continent) ** Indigenous Australians * Australian English, the dialect of the English language spoken in Australia * Australian Aboriginal languages * ''The Australian'', a newspaper * Australiana, things of Australian origins Other uses * Australian (horse), a racehorse * Australian, British Columbia, an unincorporated community in Canada See also * The Australian (other) * Australia (other) * * * Austrian (other) Austrian may refer to: * Austrians, someone from Austria or of Austrian descent ** Someone who is considered an Austrian citizen * Austrian German dialect * Something associated with the countr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth V Bank Of New South Wales
The ''Bank Nationalisation Case'', also called ''Bank of New South Wales v Commonwealth'' (1948) 76 CLR 1, is a 1948 decision of the High Court of Australia (upheld on appeal to the Privy Council) that invalidated Chifley government legislation that attempted to nationalise the private banking sector. Separate majorities held that the legislation breached three different provisions of the Constitution: section 92 (requiring trade and commerce between the states to be "absolutely free"), section 51(xxxi) (requiring compulsory acquisition of property to be "on just terms") and section 75(iii) (which grants the High Court original jurisdiction in cases where the Commonwealth is sued). A subsequent appeal application by the Commonwealth to the Privy Council was dismissed on jurisdictional grounds. The Board held that the case involved potential questions around the limits of the powers between the Commonwealth and the states and hence they were precluded from hearing the case u ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justices
''Justice'' (abbreviation: ame ''J.'' and other variations) is an honorific style and title traditionally used to describe a jurist who is currently serving or has served on a supreme court or some equal position. In some countries, a justice may have had prior experience as a judge or may have been appointed with no prior judicial experience. It is predominantly used today in the United States to distinguish those who serve on the U.S. Supreme Court from judges who serve on a lower court. Other countries, such as New Zealand and India, similarly use the title as a form of address for members of their highest courts. Etymology The title of ''justice'' is derived from the Latin root ''jus'' (sometimes spelled ''ius'') meaning something which is associated with law or is described as just. It is different from the word ''judge'' in that different suffixes were added to form both words, and that the usage of the term ''justice'' predates that of ''judge''. It first appeared in t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edward McTiernan
Sir Edward Aloysius McTiernan (16 February 1892 – 9 January 1990) was an Australian lawyer, politician, and judge. He served on the High Court of Australia from 1930 to 1976, the longest-serving judge in the court's history. McTiernan was born in Glen Innes, New South Wales. He graduated from the University of Sydney in 1915, and was called to the bar the following year. McTiernan was elected to the New South Wales Legislative Assembly in 1920, representing the Labor Party, and was soon after appointed Attorney-General of New South Wales. He served as attorney-general under John Storey, James Dooley, and Jack Lang, but left state politics in 1927. McTiernan was elected to the House of Representatives in 1929, but served for little over a year before Prime Minister James Scullin nominated him to the High Court. He was 38 at the time; only H. V. Evatt (another Scullin nominee) was appointed at a younger age. On the court, McTiernan was considered a moderate, and was known ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 51(i) Of The Constitution Of Australia
Section 51(i) of the Australian Constitution enables the Parliament of Australia to make laws about: :Trade and commerce with other countries, and among the States; Legislative powers of the Parliament. The meaning of trade and commerce is clarified in section 98 of the Constitution which provides :The power of the Parliament to make laws with respect to trade and commerce extends to navigation and shipping, and to railways the property of any State. Trade and commerce includes navigation and State railways. Interpretation by the courts "Trade" and "commerce" have been broadly construed. The early case of ''W & A McArthur Ltd v Queensland'',. declared: "Trade and commerce" between different countrieswe leave out for the present the word "intercourse"has never been confined to the mere act of transportation of merchandise over the frontier. That the words include that act is, of course, a truism. But that they go far beyond it is a fact quite as undoubted. All the commercial a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliament Of Australia
The Parliament of Australia (officially the Parliament of the Commonwealth and also known as the Federal Parliament) is the federal legislature of Australia. It consists of three elements: the Monarchy of Australia, monarch of Australia (represented by the Governor-General of Australia, governor-general), the Australian Senate, Senate (the upper house), and the Australian House of Representatives, House of Representatives (the lower house).''Australian Constitution's 1– via Austlii. The Australian Parliament combines elements from the British Westminster system, in which the party or coalition with a majority in the lower house is entitled to form a government, and the United States Congress, which affords equal representation to each of the states, and scrutinises legislation before it can be signed into law. The upper house, the Senate, consists of 76 members: twelve for each States and territories of Australia, state, and two for each of the self-governing States and terr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Laissez-faire
''Laissez-faire'' ( , from , ) is a type of economic system in which transactions between private groups of people are free from any form of economic interventionism (such as subsidies or regulations). As a system of thought, ''laissez-faire'' rests on the following axioms: "the individual is the basic unit in society, i.e., the standard of measurement in social calculus; the individual has a natural right to freedom; and the physical order of nature is a harmonious and self-regulating system." The original phrase was ''laissez faire, laissez passer'', with the second part meaning "let (things) pass". It is generally attributed to Vincent de Gournay. Another basic principle of ''laissez-faire'' holds that markets should naturally be competitive, a rule that the early advocates of ''laissez-faire'' always emphasized. The Physiocrats were early advocates of ''laissez-faire'' and advocated for an ''impôt unique'', a tax on land rent to replace the "monstrous and crippling net ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
