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Chapter III Court
In Australian constitutional law, Chapter III Courts are courts of law which are a part of the Australian federal judiciary and thus are able to discharge Commonwealth judicial power. They are so named because the prescribed features of these courts are contained in Chapter III of the Australian Constitution. Separation of powers in Australia The doctrine of separation of powers refers to a system of government whereby three aspects of government powerlegislative power, executive power, and judicial powerare vested in separate institutions. This doctrine holds that abuse of power can be avoided by each arm of government acting as a check on another. In Australia, this separation is implied in the structure of the Constitution. Chapter I outlines legislative powerthe making, altering or repealing of laws; Chapter II outlines executive powerthe general and detailed carrying on of governmental functions; Chapter III outlines judicial powerthe interpretation of law, and adjudication ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Constitutional Law
Australian constitutional law is the area of the law of Australia relating to the interpretation and application of the Constitution of Australia. Several major doctrines of Australian constitutional law have developed. Background Constitutional law in the Commonwealth of Australia consists mostly of that body of doctrine which interprets the Commonwealth Constitution. The Constitution itself is embodied in clause 9 of the Commonwealth of Australia Constitution Act, which was passed by the British Parliament in 1900 after its text had been negotiated in Australian Constitutional Conventions in the 1890s and approved by the voters in each of the Australian colonies. The British government did, however, insist on one change to the text, to allow a greater range of appeals to the Privy Council in London. It came into force on 1 January 1901, at which time the Commonwealth of Australia came into being. The Constitution created a framework of government some of whose main features, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lionel Murphy
Lionel Keith Murphy QC (30 August 1922 – 21 October 1986) was an Australian politician, barrister, and judge. He was a Senator for New South Wales from 1962 to 1975, serving as Attorney-General in the Whitlam Government, and then sat on the High Court from 1975 until his death. Murphy was born in Sydney, and attended Sydney Boys High School before going on to the University of Sydney. He initially graduated with a degree in chemistry, but then went on to Sydney Law School and eventually became a barrister. He specialised in labour and industrial law, and took silk in 1960. Murphy was elected to the Senate at the 1961 federal election, as a member of the Labor Party. He became Leader of the Opposition in the Senate in 1967. Following Labor's victory at the 1972 federal election, Gough Whitlam appointed Murphy as Attorney-General and Minister for Customs and Excise. He oversaw a number of reforms, establishing the Family Court of Australia, the Law Reform Commission, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Judges Of The High Court Of Australia
The High Court of Australia is composed of seven Justices: the Chief Justice of Australia and six other Justices. There have been 56 Justices who have served as Justices of the High Court since its formation under the ''Judiciary Act 1903''. Under Section 71 of the Australian Constitution, the judicial power of the Commonwealth of Australia is vested in the court, and it has been the highest court in the Australian court hierarchy since the passing of the ''Australia Act 1986''. In a May 2017 speech, Justice Virginia Bell observed that "few Australians outside the law schools are likely to be able to name the Chief Justice, let alone the puisne Justices of the High Court". History Initially, there were three Justices of the High Court – Chief Justice Sir Samuel Griffith, Justice Sir Edmund Barton and Justice Richard Edward O'Connor. The number was expanded in 1906, at the request of the Justices, to five, with the appointment of Justices Sir Isaac Isaacs and H. B. Higgins. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arbitration
Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. In certain countries such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be distinguished from consensual arbitration, particularly commercial ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Kirby; Ex Parte Boilermakers' Society Of Australia
''R v Kirby; Ex parte Boilermakers' Society of Australia'',. known as the ''Boilermakers' Case'', was a 1956 decision of the High Court of Australia which considered the powers of the Commonwealth Court of Conciliation and Arbitration to punish the Boilermakers' Society of Australia, a union which had disobeyed the orders of that court in relation to an industrial dispute between boilermakers and their employer body, the Metal Trades Employers' Association. The High Court held that the judicial power of the Commonwealth could not be vested in a tribunal that also exercised non-judicial functions. It is a major case dealing with the separation of powers in Australian law. Background Separation of Powers The High Court had consistently held that the judicial power of the Commonwealth could not be exercised by any body except a court established under Chapter III of the Constitution or a state court invested with federal jurisdiction. This was because the separation of judici ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Service Tribunals
In public relations and communication science, publics are groups of individual people, and the public (a.k.a. the general public) is the totality of such groupings. This is a different concept to the sociological concept of the ''Öffentlichkeit'' or public sphere. The concept of a public has also been defined in political science, psychology, marketing, and advertising. In public relations and communication science, it is one of the more ambiguous concepts in the field. Although it has definitions in the theory of the field that have been formulated from the early 20th century onwards, and suffered more recent years from being blurred, as a result of conflation of the idea of a public with the notions of audience, market segment, community, constituency, and stakeholder. Etymology and definitions The name "public" originates with the Latin '' publicus'' (also '' poplicus''), from ''populus'', to the English word 'populace', and in general denotes some mass population ("the p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Courts-martial
A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment. In addition, courts-martial may be used to try prisoners of war for war crimes. The Geneva Conventions require that POWs who are on trial for war crimes be subject to the same procedures as would be the holding military's own forces. Finally, courts-martial can be convened for other purposes, such as dealing with violations of martial law, and can involve civilian defendants. Most navies have a standard court-martial which convenes whenever a ship is lost; this does not presume that the captain is suspected of wrongdoing, but merely that the circumstances surrounding the loss of the ship be made part of the official record. M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contempt Of Parliament
In countries with a parliamentary system of government, contempt of Parliament is the offence of obstructing the legislature in the carrying out of its functions, or of hindering any legislator in the performance of his duties. Typology The concept is common in countries with a parliamentary system in the Westminster model, or which are derived from or influenced by the Westminster model. The offence is known by various other names in jurisdictions in which the legislature is not called "Parliament", most notably contempt of Congress in the United States. Actions that may constitute contempt of Parliament include: * deliberately misleading a house of the legislature, or a legislative committee; * refusing to testify before, or to produce documents to, a house or committee; and * attempting to influence a member of the legislature by bribery or threats. In some jurisdictions, a house of the legislature may declare any act to constitute contempt, and this is not subject to judicia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Harris V Caladine
Harris may refer to: Places Canada * Harris, Ontario * Northland Pyrite Mine (also known as Harris Mine) * Harris, Saskatchewan * Rural Municipality of Harris No. 316, Saskatchewan Scotland * Harris, Outer Hebrides (sometimes called the Isle of Harris), part of Lewis and Harris, Outer Hebrides * Harris, Rùm, a place on Rùm, Highland United States * Harris, Indiana * Harris, Iowa * Harris, Kansas * Harris Township, Michigan * Harris, Minnesota * Harris, Missouri * Harris, New York * Harris, North Carolina * Harris, Oregon * Harris, Wisconsin Elsewhere * Harris, Montserrat Other places with "Harris" in the name * Harrisonburg, Louisiana * Harrisonburg, Virginia * Harris County (other) * Harris Lake (other) * Harris Mountain (other) * Harris Township (other) * Harrisburg (other) * Harrison (other) * Harrisville (other) People * Harris (Essex cricketer) * Harris Jayaraj, an Indian music director * Harris (given name ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inter-State Commission
The Inter-State Commission, or Interstate Commission, is a defunct constitutional body under Australian law. The envisaged chief functions of the Inter-State Commission were to administer and adjudicate matters relating to interstate trade. The Commission was established in 1912, became dormant in 1920, was abolished in 1950, re-established in 1983, and absorbed into the Industry Commission in 1989. Constitutional basis The Constitution of Australia contains the following provisions relating to the envisaged body: Section 73 provides that appeals on questions of law can be made on decisions of the Inter-State Commission to the High Court Background in the Constitutional Conventions At the first Constitutional Convention in Sydney in 1891, considerable debate occurred over the issue of freedom in interstate trade, especially over the abuses arising from differential and preferential railway rates being put into effect in New South Wales and Victoria. One delegate remarked th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New South Wales V Commonwealth (1915)
''New South Wales v Commonwealth'', commonly known as the Wheat case, or more recently as the Inter-State Commission case, is a landmark Australian judgment of the High Court made in 1915 regarding judicial separation of power. It was also a leading case on the freedom of interstate trade and commerce that is guaranteed by section 92 of the Constitution.Commonwealth of Australia Constitutionsection 92./ref> Background In 1914 there were rising prices in Australia for various commodities, including wheat, caused by a drought in Australia from 1911 to 1916 and the outbreak of World War I in July 1914. The initial response of the Parliament of NSW was to fix the price of wheat at 4s 2d (4 shillings and 2 pence) per bushel while the then market price was 5 p higher at 4s 7d. Farmers and merchants refused to sell their wheat at that price and resulted in the Government seizure of wheat stored at railway yards. By December 1914 the market price in Victoria had risen to 5s 6d. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re Wakim; Ex Parte McNally
''Re Wakim; Ex parte McNally''. was a significant case decided in the High Court of Australia on 17 June 1999. The case concerned the constitutional validity of cross-vesting of jurisdiction, in particular, the vesting of state companies law jurisdiction in the Federal Court. Background As part of the national corporations law scheme instigated after the High Court's ruling in '' New South Wales v The Commonwealth'' (1990) the states were required to legislate for the formation of corporations. As a result of this the states had to vest the Federal Court with state jurisdiction to allow the Commonwealth to have effective judicial control over corporations law. The proceedings Four sets of proceedings were launched in the High Court by various parties. Given the similarity of the issues to be decided each was heard and decided at the same time. The first two proceedings were launched by respondents in Federal Court proceedings who were allegedly liable for damages in negligen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
