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Australian Nationality
Australian nationality law details the conditions in which a person holds Australian legal nationality. The primary law governing nationality regulations is the Australian Citizenship Act 2007, which came into force on 1 July 2007 and is applicable in all states and territories of Australia. All persons born in Australia before 20 August 1986 were automatically citizens at birth regardless of the nationalities of their parents. Individuals born in the country after that date receive Australian citizenship at birth if at least one of their parents is an Australian citizen or permanent resident. Foreign nationals may be granted citizenship after living in the country for at least four years, holding permanent residency for one year, and showing proficiency in the English language. Australia is composed of several former British colonies founded in the 18th and 19th centuries whose residents were British subjects. After federation as a Dominion within the British Empire in 1901, A ...
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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 ...
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Citizenship
Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state determines the conditions under which it will recognize persons as its citizens, and the conditions under which that status will be withdrawn. Recognition by a state as a citizen generally carries with it recognition of civil, political, and social rights which are not afforded to non-citizens. In general, the basic rights normally regarded as arising from citizenship are the right to a passport, the right to leave and return to the country/ies of citizenship, the right to live in that country, and to work there. Some countries permit their citizens to have multiple citizenships, while others insist on exclusive allegiance. Determining factors A person can be recognized or granted citizenship on a number of bases. Usually, citizenship based on circumstances of birth is automatic, but an application may be required. ...
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Act Of Parliament (UK)
In the United Kingdom an act of Parliament is primary legislation passed by the Parliament of the United Kingdom. An act of Parliament can be enforced in all four of the UK constituent countries (England, Scotland, Wales and Northern Ireland); however as a result of devolution the majority of acts that are now passed by Parliament apply either to England and Wales only, or England only; whilst generally acts only relating to constitutional and reserved matters now apply to the whole of the United Kingdom. A draft piece of legislation is called a bill; when this is passed by Parliament and given Royal Assent, it becomes an act and part of statute law. Classification of legislation Acts of Parliament are classified as either "public general acts" or "local and personal acts" (also known as "private acts"). Bills are also classified as "public", "private", or "hybrid". Public general acts Public general acts form the largest category of legislation, in principle af ...
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Alien (law)
In law, an alien is any person (including an organization) who is not a citizenship, citizen or a nationality, national of a specific country, although definitions and terminology differ to some degree depending upon the continent or region. More generally, however, the term "alien" is perceived as synonymous with foreign national. (explaining that "the term 'foreign national' means.... (2) an individual who is not a citizen of the United States or a national of the United States (as defined in section 1101(a)(22) of title 8) and who is not green card, lawfully admitted for permanent residence, as defined by section 1101(a)(20) of title 8."). Lexicology The term "alien" is derived from the Latin ''alienus'', which in turn is derived from the Oscan ''mancupatis'', (a proto-Etruscan tribe), meaning a slave. The Latin later came to mean a stranger, a foreigner, or someone not related by blood. Similar terms to "alien" in this context include ''foreigner'' and ''lander''. Categor ...
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Denization
Denization is an obsolete or defunct process in England and Ireland and the later Kingdom of Great Britain, the United Kingdom, and the British Empire, dating back to the 13th century, by which an alien (foreigner), through letters patent, became a denizen, thereby obtaining certain rights otherwise normally enjoyed only by the King's (or Queen's) subjects, including the right to hold land. The denizen was neither a subject (with citizenship or nationality) nor an alien, but had a status akin to permanent residency today. While one could become a subject via naturalisation, this required a private act of Parliament (or latterly of a colonial legislature); in contrast, denization was cheaper, quicker, and simpler. Denization fell into obsolescence when the British Nationality and Status of Aliens Act 1914 simplified the naturalisation process. Denization occurred by a grant of letters patent, an exercise of the royal prerogative. Denizens paid a fee and took an oath of allegia ...
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Colony Of Tasmania
The Colony of Tasmania (more commonly referred to simply as "Tasmania") was a British colony that existed on the island of Tasmania from 1856 until 1901, when it federated together with the five other Australian colonies to form the Commonwealth of Australia. The possibility of the colony was established when the Parliament of the United Kingdom passed the ''Australian Constitutions Act'' in 1850, granting the right of legislative power to each of the six Australian colonies. The Legislative Council of Van Diemen's Land drafted a new constitution which they passed in 1854, and it was given Royal Assent by Queen Victoria in 1855. Later in that year the Privy Council approved the colony changing its name from "Van Diemen's Land" to "Tasmania", and in 1856, the newly elected bicameral parliament of Tasmania sat for the first time, establishing Tasmania as a self-governing colony of the British Empire. Tasmania was often referred to as one of the "most British" colonies of the Em ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. ''Stare decisis'', the principle that cases should be decided according to consistent principled rules s ...
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Precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisd ...
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The Crown
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different meanings depending on context. It is used to designate the monarch in either a personal capacity, as Head of the Commonwealth, or as the king or queen of their realms (whereas the monarchy of the United Kingdom and the monarchy of Canada, for example, are distinct although they are in personal union). It can also refer to the rule of law; however, in common parlance 'The Crown' refers to the functions of government and the civil service. Thus, in the United Kingdom (one of the Commonwealth realms), the government of the United Kingdom can be distinguished from the Crown and the state, in precise usage, although the distinction is not always relevant in broad or casual usage. A corporation sole, the Crown is the legal embodiment ...
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British Nationality Law
British nationality law prescribes the conditions under which a person is recognised as being a national of the United Kingdom. The six different classes of British nationality each have varying degrees of civil and political rights, due to the UK's historical status as a colonial empire. The primary class of British nationality is British citizenship, which is associated with the United Kingdom itself and the Crown dependencies. Foreign nationals may naturalize as British citizens after meeting a minimum residence requirement (usually five years) and acquiring settled status. British nationals associated with a current British Overseas Territory are British Overseas Territories citizens (BOTCs). Almost all BOTCs (except for those from Akrotiri and Dhekelia) have also been British citizens since 2002. Individuals connected with former British colonies may hold residual forms of British nationality, which do not confer an automatic right of abode in the United Kingdom and ...
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Colony Of New South Wales
The Colony of New South Wales was a colony of the British Empire from 1788 to 1901, when it became a State of the Commonwealth of Australia. At its greatest extent, the colony of New South Wales included the present-day Australian states of New South Wales, Queensland, Victoria, Tasmania, and South Australia, the Northern Territory as well as New Zealand. The first "responsible" self-government of New South Wales was formed on 6 June 1856 with Sir Stuart Alexander Donaldson appointed by Governor Sir William Denison as its first Colonial Secretary. History Formation On 18 January 1788, the First Fleet led by Captain Arthur Phillip founded the first British settlement in Australian history as a penal colony. Having set sail on 13 May 1787, Captain Arthur Phillip assumed the role of governor of the settlement upon arrival. On 18 January 1788, the first ship of the First Fleet, HMS ''Supply'', with Phillip aboard, reached Botany Bay. However, Botany Bay was found t ...
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Ethnic Group
An ethnic group or an ethnicity is a grouping of people who identify with each other on the basis of shared attributes that distinguish them from other groups. Those attributes can include common sets of traditions, ancestry, language, history, society, culture, nation, religion, or social treatment within their residing area. The term ethnicity is often times used interchangeably with the term nation, particularly in cases of ethnic nationalism, and is separate from the related concept of races. Ethnicity may be construed as an inherited or as a societally imposed construct. Ethnic membership tends to be defined by a shared cultural heritage, ancestry, origin myth, history, homeland, language, or dialect, symbolic systems such as religion, mythology and ritual, cuisine, dressing style, art, or physical appearance. Ethnic groups may share a narrow or broad spectrum of genetic ancestry, depending on group identification, with many groups having mixed genetic ancestry. E ...
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