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Australian Administrative Law
Australian administrative law defines the extent of the powers and responsibilities held by administrative agencies of Australian governments. It is basically a common law system, with an increasing statutory overlay that has shifted its focus toward codified judicial review and to tribunals with extensive jurisdiction. Australia possesses well-developed ombudsman systems and Freedom of Information legislation, both influenced by comparable overseas developments. Its notice and comment requirements for the making of delegated legislation have parallels to the United States. Australia's borrowings from overseas are still largely shaped by its evolution within a system of parliamentary democracy that loosely follows a Westminster system of responsibility and accountability. History The constitutional framework and development of administrative law in Australia was highly influenced by legal developments in the United Kingdom and United States. At the end of the 19th century, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Minister For Immigration And Citizenship V SZMDS
''Minister for Immigration and Citizenship v SZMDS'', is a landmark Australian judgment of the High Court. The matter related to immigration law, '' jurisdictional error'' and illogicality as a ground of judicial review. Background Facts The applicant, known by the code SZMDS, was a citizen of Pakistan who claimed to have engaged in homosexual activities from 2005 to 2007 and that he was fearful of persecution if he returned to Pakistan. He had resided in the United Arab Emirates since 2004. In 2006 he briefly visited the United Kingdom however he did not seek asylum at that time. In 2007 he had returned to Pakistan for three weeks. In 2007 he arrived in Australia and sought asylum as a refugee. A delegate of the Minister for Immigtration and citizenship was not satisfied that the applicant's claims of homosexuality were credible and decided not to grant him a protection visa.. The applicant applied to the Refugee Review Tribunal, which was created to provide a meri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Law Reports
Law reports covering the decisions of Australian Courts are collections of decisions by particulars courts, subjects or jurisdictions. A widely used guide to Case citation#Australia, case citation in Australia is the ''Australian Guide to Legal Citation'', published jointly by the ''Melbourne University Law Review'' and the ''Melbourne Journal of International Law''. {{DEFAULTSORT:Law Reports in Australia Australian case law, List of Law Reports in Australia Case law reporters Australian law-related lists ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attorney-General (NSW) V Quin
''Attorney General (NSW) v Quin'', is a landmark Australian judgment of the High Court. The matter related to Australian administrative law and to an extent the separation of powers. Background The NSW Courts of Petty Sessions were abolished and replaced by Local Courts. 95 of the former magistrates were appointed to the new Local Courts, however six were not due to concerns about their fitness to be magistrates. Five of the magistrates, commenced proceedings in the Supreme Court of NSW seeking an order that they be appointed magistrates. They were unsuccessful at first,''Macrae v Attorney-General (NSW)'' (1985) 7 ALD 97. however the NSW Court of Appeal held that the decision of the Attorney-General not to recommend their appointment as Magistrates was void because it was made in such a way as to deny the applicants' legitimate expectations of procedural fairness. The Attorney-General's application for special leave to appeal was refused.''Quin v Attorney General (NSW)'' (198 ... [...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] |
Separation Of Powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typical division is into three branches: a legislature, an executive, and a judiciary, which is sometimes called the model. It can be contrasted with the fusion of powers in parliamentary and semi-presidential systems where there can be overlap in membership and functions between different branches, especially the executive and legislative, although in most non-authoritarian jurisdictions, the judiciary almost never overlaps with the other branches, whether powers in the jurisdiction are separated or fused. The intention behind a system of separated powers is to prevent the concentration of power by providing for checks and balances. The separation of powers model is often imprecisely and metonymically used interchangeably with the ' principl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
NSW Law Reports
The NSW Law Reports are the official reports of the courts of New South Wales, Australia. The reports are published by The Council of Law Reporting for New South Wales and cover selected cases heard in the Supreme Court of New South Wales. Each state in Australia has an official body which is responsible for the reporting of cases. At the Commonwealth level the responsibility rests with judges. The Commonwealth Law Reports are the authorised reports of the High Court of Australia. Judgments which are included in the reports are selected on the basis their significance in relation to the interpretation, development or application of the law in New South Wales. Fewer than 10% of all judgments are eventually selected for publishing. The current editor is Bret Walker who has held the position since 2006. From 1900 to 1950 the reports were known as the State Reports (New South Wales). The NSW Law Reports currently holds a monopoly on certain reported cases; these cases are n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 76 Of The Constitution Of Australia
The High Court of Australia is Australia's apex court. It exercises original and appellate jurisdiction on matters specified within 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 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, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General on the advice of the Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire earlier. The court has resided in Canberra since 1980, following the construction of a purpose-built High Court Building, located in the Parliamentary Triangle and overlook ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Privative Clause
An ouster clause or privative clause is, in countries with common law legal systems, a clause or provision included in a piece of legislation by a legislative body to exclude judicial review of acts and decisions of the executive by stripping the courts of their supervisory judicial function. According to the doctrine of the separation of powers, one of the important functions of the judiciary is to keep the executive in check by ensuring that its acts comply with the law, including, where applicable, the constitution. Ouster clauses prevent courts from carrying out this function, but may be justified on the ground that they preserve the powers of the executive and promote the finality of its acts and decisions. Ouster clauses may be divided into two species – total ouster clauses and partial ouster clauses. In the United Kingdom, the effectiveness of total ouster clauses is fairly limited. In the case of '' Anisminic Ltd. v. Foreign Compensation Committee'' (1968), ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a new policy or specific law, or the referendum may be only advisory. In some countries, it is synonymous with or commonly known by other names including plebiscite, votation, popular consultation, ballot question, ballot measure, or proposition. Some definitions of 'plebiscite' suggest it is a type of vote to change the constitution or government of a country. The word, 'referendum' is often a catchall, used for both legislative referrals and initiatives. Etymology 'Referendum' is the gerundive form of the Latin verb , literally "to carry back" (from the verb , "to bear, bring, carry" plus the inseparable prefix , here meaning "back"Marchant & Charles, Cassell's Latin Dictionary, 1928, p. 469.). As a gerundive is an adjective,A gerundiv ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 75 Of The Constitution Of Australia
The High Court of Australia is Australia's apex court. It exercises original and appellate jurisdiction on matters specified within 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 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, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General on the advice of the Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire earlier. The court has resided in Canberra since 1980, following the construction of a purpose-built High Court Building, located in the Parliamentary Triangle and overlooking ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equality Before The Law
Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that all people must be equally protected by the law. The principle requires a systematic rule of law that observes due process to provide equal justice, and requires equal protection ensuring that no individual nor group of individuals be privileged over others by the law. Sometimes called the principle of isonomy, it arises from various philosophical questions concerning equality, fairness and justice. Equality before the law is one of the basic principles of some definitions of liberalism. It is incompatible with legal slavery. Article 7 of the Universal Declaration of Human Rights (UDHR) states: "All are equal before the law and are entitled without any discrimination to equal protection of the law". Thus, everyone must be treated equally under the law regardless of race, gender, color, ethnicity, religion, disability, or oth ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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