Australia Act 1986
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Australia Act 1986
The Australia Act 1986 is the short title of each of a pair of separate but related pieces of legislation: one an Act of the Commonwealth (i.e. federal) Parliament of Australia, the other an Act of the Parliament of the United Kingdom. In Australia they are referred to, respectively, as the Australia Act 1986 (Cth) and the Australia Act 1986 (UK). These nearly identical Acts were passed by the two parliaments, because of uncertainty as to whether the Commonwealth Parliament alone had the ultimate authority to do so. They were enacted using legislative powers conferred by enabling Acts passed by the parliaments of every Australian state. The Acts came into effect simultaneously, on 3 March 1986. According to the long title of the Australian act, its purpose was "to bring constitutional arrangements affecting the Commonwealth and the States to be brought into conformity with the status of the Commonwealth of Australia as a sovereign, independent and federal nation". The Aus ...
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Constitution Of Australia
The Constitution of Australia (or Australian Constitution) is a written constitution, constitutional document that is Constitution, supreme law in Australia. It establishes Australia as a Federation of Australia, federation under a constitutional monarchy and outlines the structure and powers of the Australian government's three constituent parts, the Government of Australia, executive, Parliament of Australia, legislature, and Judiciary of Australia, judiciary. The constitution was drafted between 1891 and 1898, through a series of Constitutional Convention (Australia), conventions conducted by representatives of the six self-governing British colonies in Australia. The final draft was then approved in a 1898–1900 Australian constitutional referendums, set of referendums from 1898 to 1900. The British government objected to some elements of the final draft, but a slightly modified form was enacted as section 9 of the ''Commonwealth of Australia Constitution Act 1900'', an Ac ...
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Parliament Of Australia
The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the governor-general), the Senate and the House of Representatives. Constitution of Australia, section 1. The combination of two elected chambers, in which the members of the Senate represent the states and territories while the members of the House represent electoral divisions according to population, is modelled on the United States Congress. Through both chambers, however, there is a fused executive, drawn from the Westminster system.. The upper house, the Senate, consists of 76 members: twelve for each state, and two each for the territories, Northern Territory (including Christmas Island and the Cocos (Keeling) Islands) and the Australian Capital Territory (including Norfolk Island and the Jervis Bay Territory). Senators are elected using ...
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Harry Gibbs
Sir Harry Talbot Gibbs, (7 February 191725 June 2005) was Chief Justice of the High Court of Australia from 1981 to 1987 after serving as a member of the High Court between 1970 and 1981. He was known as one of Australia's leading federalist judges although he presided over the High Court when decisions such as ''Koowarta v Bjelke-Petersen'' in 1982 and '' Commonwealth v Tasmania'' expanded the powers of the Commonwealth at the expense of the states. Gibbs dissented from the majority verdict in both cases. On 3 August 2012, the Supreme Court of Queensland Library opened the Sir Harry Gibbs Legal Heritage Centre. It is the only legal heritage museum of its kind in Queensland and features a permanent exhibition dedicated to the life and legacy of Sir Harry Gibbs. Early career (1917–1970) Harry Talbot Gibbs was educated at the Ipswich Grammar School and later at Emmanuel College at the University of Queensland, where he was President of the University of Queensland Union. ...
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Kirmani V Captain Cook Cruises Pty Ltd (No 2)
''Kirmani v Captain Cook Cruises Pty Ltd (No 2)'',. was a decision of the High Court of Australia on 17 April 1985 concerning section 74 of the Constitution of Australia. The Court denied an application by the Attorney-General of Queensland seeking a certificate that would permit the Judicial Committee of the Privy Council, Privy Council to hear an appeal from the High Court's decision in ''Kirmani v Captain Cook Cruises Pty Ltd (No 1)''. Background Section 74 of the Constitution established the High Court as the final court of appeal for Australia, but included the compromise that the High Court could give leave for the Privy Council to hear appeals against High Court decisions, providing that: No appeal shall be permitted to the Queen in Council from a decision of the High Court upon any question, howsoever arising, as to the limits inter se of the Constitutional powers of the Commonwealth and those of any State or States, or as to the limits inter se of the Constitutional pow ...
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Owen Dixon
Sir Owen Dixon (28 April 1886 – 7 July 1972) was an Australian judge and diplomat who served as the sixth Chief Justice of Australia. A judge of the High Court for thirty-five years, Dixon was one of the leading jurists in the English-speaking worldGraham Perkin â€Its Most Eminent Symbol Hidden by The Law (published in The Age on 23 September 1959) and is widely regarded as Australia's greatest-ever jurist. Education Dixon was born in Hawthorn in suburban Melbourne in 1886. His father, JW Dixon, was a barrister and subsequently a solicitor. He attended Hawthorn College and later the University of Melbourne, graduating with an Arts degree in 1907. During this time, he developed his lifelong love of the classics from his classical philology professor, Thomas George Tucker. He was also influenced by professor of law, William Harrison Moore. His B.A. became an M.A., as was the custom then, a year later upon the payment of a small fee. He then studied law at Melbourne ...
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Colonial Sugar Refining Co Ltd V Attorney-General (Cth)
''Colonial Sugar Refining Co Ltd v Attorney-General (Cth)'',. is the only case in which the High Court issued a certificate under section 74 of the Constitution to permit an appeal to the Privy Council on a constitutional question. The Privy Council did not answer the question asked by the High Court, and the court never issued another certificate of appeal. Background The Commonwealth established a Royal Commission to inquire into the sugar industry in Australia. Colonial Sugar Refining Co Ltd operated sugar mills and refineries, principally in Australia and Fiji. The Royal Commission had summoned the general manager and directors of Colonial Sugar Refining Co Ltd to testify and produce documents, including a list of documents to be produced and questions they would be asked. Colonial Sugar Refining Co Ltd sought a declaration in the High Court that the ''Royal Commissions Act 1902-1912'' was invalid. as amended by the The decision of the High Court In separate ju ...
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Inter Se
''Inter se'' (also styled as ''inter sese'') is a Legal Latin phrase that means "[a]mong or between themselves"., ''Inter se'' 819 (6th Ed.). The phrase is "used to distinguish rights or duties between two or more parties from their rights or duty, duties to others." For example, "The constitutional documents of a company constitute a contract between the company and its shareholders, and between the shareholders ''inter se''." In Australian constitutional law, it refers to matters concerning a dispute between the Government of Australia, Commonwealth and one or more of the states and territories of Australia, states concerning the extents of their respective powers. See also *Exclusive right *Social contract References

Latin legal terminology Law of Australia {{Latin-legal-phrase-stub ...
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Privy Council (United Kingdom)
The Privy Council (PC), officially His Majesty's Most Honourable Privy Council, is a formal body of advisers to the sovereign of the United Kingdom. Its membership mainly comprises senior politicians who are current or former members of either the House of Commons or the House of Lords. The Privy Council formally advises the sovereign on the exercise of the Royal Prerogative, and as a body corporate (as King-in-Council) it issues executive instruments known as Orders in Council which, among other powers, enact Acts of Parliament. The Council also holds the delegated authority to issue Orders of Council, mostly used to regulate certain public institutions. The Council advises the sovereign on the issuing of Royal Charters, which are used to grant special status to incorporated bodies, and city or borough status to local authorities. Otherwise, the Privy Council's powers have now been largely replaced by its executive committee, the Cabinet of the United Kingdom. Certai ...
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Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly Justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the 'Privy Council', the Judicial Committee is only one const ...
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1984 New Zealand Constitutional Crisis
The New Zealand constitutional crisis of 1984 arose following the 1984 general election, and was caused by a major currency crisis. The crisis led the incoming government to review New Zealand's constitutional structures, which resulted in the Constitution Act 1986. Background Prior to 1985 the New Zealand dollar was controlled centrally by the Reserve Bank of New Zealand at an exchange rate fixed to the United States dollar. In early 1984 the Deputy Governor of the Reserve Bank, Roderick Deane, became concerned that the New Zealand dollar had become significantly overvalued and was vulnerable to currency speculation on the financial markets in the event of a "significant political event". Currency crisis At the time, New Zealand was led by Prime Minister Sir Robert Muldoon and his National Party government. Media speculation followed a leak that a potential incoming Labour government would be likely to significantly devalue the dollar upon election. The Reserve Bank advise ...
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Canada Act 1982
The Canada Act 1982 (1982 c. 11; french: Loi de 1982 sur le Canada) is an act of the Parliament of the United Kingdom and one of the enactments which make up the Constitution of Canada. It was enacted at the request of the Senate and House of Commons of Canada to patriate Canada's Constitution, ending the power of the British Parliament to amend the Constitution. The act also formally ended the "request and consent" provisions of the Statute of Westminster 1931 in relation to Canada, whereby the British parliament had a general power to pass laws extending to Canada at its own request. Annexed as Schedule B to the act is the text of the ''Constitution Act, 1982'', in both of Canada's official languages (i.e. English and French). Because of the requirements of official bilingualism, the body of the ''Canada Act'' itself is also set out in French in Schedule A to the act, which is declared by s. 3 to have "the same authority in Canada as the English version thereof". History ...
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Constitution Act, 1982
The ''Constitution Act, 1982'' (french: link=no, Loi constitutionnelle de 1982) is a part of the Constitution of Canada.Formally enacted as Schedule B of the '' Canada Act 1982'', enacted by the Parliament of the United Kingdom. Section 60 of the ''Constitution Act, 1982'' states that the Act may be called the "''Constitution Act, 1982''", and that the ''Constitution Acts'' can be collectively called the "''Constitution Acts, 1867 to 1982''". The Act was introduced as part of Canada's process of patriating the constitution, introducing several amendments to the ''British North America Act, 1867'', including re-naming it the '' Constitution Act, 1867''.Section 1 of the ''British North America Act, 1867'' was amended to be re-named as the '' Constitution Act, 1867.'' Section 20 of the ''Constitution Act, 1867'' was repealed and replaced by section 5 of the Canadian Charter of Rights and Freedoms; and sections 91(1) and 92(1) were repealed: ''Constitution Act, 1982'', s. 53 and Sch ...
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