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Australian Capital Television Pty Ltd V Commonwealth
''Australian Capital Television v Commonwealth'',. is a decision of the High Court of Australia. The case is notable in Australian Constitutional Law as one of the first cases within Australia's implied freedom of political communication jurisprudence. On its facts, the case concerned the constitutional validity of Part IIID of the ''Political Broadcasts and Political Disclosures Act'' 1991,. which regulated political advertising during election campaigns, and required broadcasters to broadcast political advertisements free of charge at other times. The High Court found the laws to be invalid. Background to the case The Hawke Government in 1992 introduced the ''Political Broadcasts and Political Disclosures Act 1991'', which notably prohibited the broadcasting of politically related material on electronic media such as radio and television during the period leading up to a State or Federal election (except in news, current affairs or talkback programs). The laws also obl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established following passage of the ''Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judiciary, judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice of Australia, Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General of Australia, Governor-General on the Advice (constitutional law), advice of the Prime Minister of Australia, Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire ea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kim Beazley
Kim Christian Beazley (born 14 December 1948) is an Australian former politician and diplomat. He was leader of the Australian Labor Party (ALP) and leader of the opposition from 1996 to 2001 and 2005 to 2006, having previously been a cabinet minister in the Hawke and Keating governments. After leaving parliament he served as ambassador to the United States from 2010 to 2016 and governor of Western Australia from 2018 to 2022. Beazley was born in Perth, the son of politician Kim Beazley. He studied at the University of Western Australia and Balliol College, Oxford, as a Rhodes Scholar. After a period as a lecturer at Murdoch University, Beazley was elected to Parliament at the 1980 election, winning the Division of Swan. Prime Minister Bob Hawke appointed Beazley to the Cabinet following Labor's victory at the 1983 election, and Beazley served as a minister continuously through to the party's defeat at the 1996 election. His roles included Minister for Defence from 1984 t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theophanous V Herald & Weekly Times Ltd
''Theophanous v Herald & Weekly Times Ltd''. is a landmark Australian judgment of the High Court. The matter related to implied freedom of political communication that the High Court has inferred, rests in the Australian constitution. Background Andrew Theophanous had been an Australian Labor Party member of the Australian House of Representatives since 1980. In 1992, he was the chairperson of the Joint Parliamentary Standing Committee on Migration. ''The Herald and Weekly Times'' published an article by Bruce Ruxton, "Give Theophanous the shove", which stated that Theophanous "appears to want a bias shown towards Greeks as migrants". Theophanous sued the Herald & Weekly Times and Ruxton for defamation. Decision The judgment held that there was an implied constitutional freedom to publish material discussing government and political matters as well as the way that members of the Parliament of Australia conducted their duties and their suitability for office. Significance Jus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
States And Territories Of Australia
The states and territories are federated administrative divisions in Australia, ruled by regional governments that constitute the second level of governance between the federal government and local governments. States are self-governing polities with incomplete sovereignty (having ceded some sovereign rights to federation) and have their own constitutions, legislatures, departments, and certain civil authorities (e.g. judiciary and law enforcement) that administer and deliver most public policies and programs. Territories can be autonomous and administer local policies and programs much like the states in practice, but are still constitutionally and financially subordinate to the federal government and thus have no true sovereignty. The Federation of Australia constitutionally consists of six federated states (New South Wales, Queensland, South Australia, Tasmania, Victoria, and Western Australia) and ten federal territories,Section 2B, Acts Interpretation Act 1901 out of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 51(xxxi) Of The Australian Constitution
Section 51(xxxi) is a subclause of section 51 of the Constitution of Australia. Legislative powers of the Parliament. It empowers the Commonwealth to make laws regarding the acquisition of property, but stipulates that such acquisitions must be on just terms. The terms is sometimes referred to in shorthand as the 'just terms' provision. Aside from its importance to Australian Constitutional Law, and Property Law; the section is notable for its role as a plot device in '' The Castle'', an iconic Australian film. Text Section 51(xxxi) reads: Jurisprudence While s51(xxxi) was adapted from the US Constitution's Fifth Amendment, it has many differences. The 'just terms' requirement has been held not to affect the State Parliaments. In ''Grace Bros Pty Ltd v The Commonwealth'' (1946), Justice Dixon stated that the inclusion of the condition was to "prevent arbitrary exercises of the power at the expense of a State or a subject.". The interpretation of the terms "acquis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Charter Of Rights And Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the ''Constitution Act, 1982''. The ''Charter'' guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of the government. It is designed to unify Canadians around a set of principles that embody those rights. The ''Charter'' was signed into law by Queen Elizabeth II of Canada on April 17, 1982, along with the rest of the ''Constitution Act, 1982''. The ''Charter'' was preceded by the '' Canadian Bill of Rights'', enacted in 1960, which was a federal statute rather than a constitutional document. As a federal statute, the ''Bill of Rights'' could be amended through the ordinary legislative process and had no application to provincial laws. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
First Amendment To The United States Constitution
The First Amendment (Amendment I) to the United States Constitution prevents the government from making laws that regulate an establishment of religion, or that prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. The Bill of Rights was proposed to assuage Anti-Federalist opposition to Constitutional ratification. Initially, the First Amendment applied only to laws enacted by the Congress, and many of its provisions were interpreted more narrowly than they are today. Beginning with ''Gitlow v. New York'' (1925), the Supreme Court applied the First Amendment to states—a process known as incorporation—through the Due Process Clause of the Fourteenth Amendment. In '' Everson v. Board of Education'' (1947), the Court drew on Thomas ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Democracy
Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to deliberate and decide legislation (" direct democracy"), or to choose governing officials to do so ("representative democracy"). Who is considered part of "the people" and how authority is shared among or delegated by the people has changed over time and at different rates in different countries. Features of democracy often include freedom of assembly, association, property rights, freedom of religion and speech, inclusiveness and equality, citizenship, consent of the governed, voting rights, freedom from unwarranted governmental deprivation of the right to life and liberty, and minority rights. The notion of democracy has evolved over time considerably. Throughout history, one can find evidence of direct democracy, in which communities make decisions through popular assembly. Today, the dominant form of ... [...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-General ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Queen's Counsel
In the United Kingdom and in some Commonwealth of Nations, Commonwealth countries, a King's Counsel (Post-nominal letters, post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen regnant, queen, is a lawyer (usually a barrister or advocate) who is typically a senior trial lawyer. Technically appointed by the monarch of the country to be one of 'His [Her] Majesty's Counsel learned in the law', the position originated in England and Wales. Some Commonwealth countries have either abolished the position, or renamed it so as to remove monarchical connotations, for example, 'Senior counsel' or 'Senior Advocate'. Appointment as King's Counsel is an office, conferred by the Crown, that is recognised by courts. Members have the privilege of sitting within the inner Bar (law), bar of court. As members wear silk gowns of a particular design (see court dress), appointment as King's Counsel is known informally as ''rec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Maurice Byers
Sir Maurice Hearne Byers (10 November 191717 January 1999) was a noted Australian jurist and constitutional expert. He was the Commonwealth Solicitor-General from 1973 to 1983, in which capacity he played a role in the Gair Affair and the 1975 Australian constitutional crisis. He had an unmatched record of success in his appearances before the High Court of Australia, and he has been characterised as the finest lawyer never to have been appointed to the High Court. Career Maurice Byers was born on 10 November 1917. He attended St Aloysius' College in Sydney. He studied law at the University of Sydney and was admitted to the Bar in 1944. In 1957 his Sydney practice in Wentworth Chambers joined those of John Kerr and Gough Whitlam. His practice was mainly in the fields of equity, taxation, company and constitutional law. He appeared frequently before the Privy Council. He became a Queen's Counsel in 1960. He was President of the New South Wales Bar Association from 1965 t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Representative Government
Representative democracy, also known as indirect democracy, is a types of democracy, type of democracy where elected people Representation (politics), represent a group of people, in contrast to direct democracy. Nearly all modern liberal democracy, Western-style democracies function as some type of representative democracy: for example, the United Kingdom (a unitary state, unitary parliamentary system, parliamentary constitutional monarchy), India (a federal parliamentary republic), France (a unitary semi-presidential system, semi-presidential republic), and the United States (a federal Presidential system, presidential republic). Representative democracy can function as an element of both the Parliamentary system, parliamentary and the presidential systems of form of government, government. It typically manifests in a lower chamber such as the House of Commons of the United Kingdom, and the Lok Sabha of India, but may be curtailed by Constitution, constitutional constraints suc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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