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Constitution Act 1902
The Constitution Act 1902 is the founding document of the State of New South Wales, and sets out many of the basic principles of the Government of New South Wales. This act created the foundation of the Executive, Legislative and Judicial branches of the Government of New South Wales. Most of the Constitution can be amended through ordinary Acts of Parliament, however some sections can only be amended through a referendum of NSW voters. History In 1853 the New South Wales Legislative Council, then a unicameral body, with a hybrid of appointed and elected members, passed the ''New South Wales Constitution Bill'' in 1853, also referred to as 17 Vic. No 41, which was reserved for the Queen's assent, which the Queen did not give. Instead the Imperial Parliament at Westminster passed what is referred to as the ''Constitution Statute'' 1855 (Imp) which included a modified bill as schedule. It was this modified bill to which the Queen assented. The 1902 Act repealed all or part of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliament Of New South Wales
The Parliament of New South Wales is a bicameral legislature in the Australian state of New South Wales (NSW), consisting of the New South Wales Legislative Assembly (lower house) and the New South Wales Legislative Council (upper house). Each house is directly elected by the people of New South Wales at elections held approximately every four years. The Parliament derives its authority from the King of Australia, King Charles III, represented by the Governor of New South Wales, who chairs the Executive Council. The parliament shares law making powers with the Australian Federal (or Commonwealth) Parliament. The New South Wales Parliament follows Westminster parliamentary traditions of dress, Green–Red chamber colours and protocols. It is located in Parliament House on Macquarie Street, Sydney. History The Parliament of New South Wales was the first of the Australian colonial legislatures, with its formation in the 1850s. At the time, New South Wales was a British co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1903 New South Wales Referendum
A referendum concerning the reduction of the members of the New South Wales Legislative Assembly was put to voters on 16 December 1903, in conjunction with the 1903 federal election. The referendum was conducted on the basis of optional preferential voting. However, preferences were not counted, as an overwhelming majority voted to reduce the number of members to 90. The question The text of the question was: As to what shall be the number of Members of the Legislative Assembly. Which of the following numbers do you prefer, and what is the order of your preference? Results The referendum was overwhelmingly in favour of reducing the number of members to 90. Aftermath The referendum did not provide how the reduction of members was to occur. Parliament was recalled to decide how to give effect to the referendum, and passed the ''Electorates Redistribution Act'' 1904 which provided the districts were to be determined by three electoral districts commissioners. The proposed dist ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Amalgamated Society Of Engineers V Adelaide Steamship Co
Amalgamation is the process of combining or uniting multiple entities into one form. Amalgamation, amalgam, and other derivatives may refer to: Mathematics and science * Amalgam (chemistry), the combination of mercury with another metal **Pan amalgamation, another extraction method with additional compound **Patio process, the use of mercury amalgamation to extract silver * Amalgamation (geology), the creation of a stable continent or craton by the union of two terranes; see Tectonic evolution of the Barberton greenstone belt * Amalgamation paradox in probability and statistics, also known as Simpson's paradox * Amalgamation property in model theory * Free product with amalgamation, in mathematics, especially group theory, an important construction Arts, entertainment, and media * Amalgamated Broadcasting System, a short-lived American radio network during the 1930s * Amalgamation (fiction), the concept of creating an element in a work of fiction by combining existing things * ' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
D'Emden V Pedder
''D'Emden v Pedder''. was a significant Australian court case decided in the High Court of Australia on 26 April 1904. It directly concerned the question of whether salary receipts of federal government employees were subject to state stamp duty, but it touched on the broader issue within Australian constitutional law of the degree to which the two levels of Australian government were subject to each other's laws. The case was the first of several in which the High Court applied the implied intergovernmental immunities doctrine, relied on in the Supreme Court of the United States case of '' McCulloch v. Maryland'','' McCulloch v. Maryland'' which held that the state and Commonwealth governments were normally immune from each other's laws, and which, along with the reserved State powers doctrine, would be a significant feature of Australian constitutional law until both doctrines were rejected in the landmark Engineers' case in 1920. The case is also significant as the first c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intergovernmental Immunity (Australia)
In Australia, the doctrine of intergovernmental immunity defines the circumstances in which Commonwealth laws can bind the States, and where State laws can bind the Commonwealth. This is distinct from the doctrine of crown immunity, as well as the rule expressed in Section 109 of the Australian Constitution which governs conflicts between Commonwealth and State laws. Early doctrine The inaugural High Court Prior to 1920, the High Court of Australia tended to employ the US jurisprudence governing intergovernmental immunity, expressing it as an implied immunity of instrumentalities, where neither the Commonwealth nor State governments could be affected by the laws of the other. (2003) 31 Federal Law Review 507. This was first expressed in ''D'Emden v Pedder'', '' Deakin v Webb'', and the ''Railway Servants' case''. As Griffith CJ declared in the first case: In considering the respective powers of the Commonwealth and of the States it is essential to bear in mind that each is, w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reserved Powers Doctrine
The reserved powers doctrine was a principle used by the inaugural High Court of Australia in the interpretation of the Constitution of Australia, that emphasised the context of the Constitution, drawing on principles of federalism, what the Court saw as the compact between the newly formed Commonwealth and the former colonies, particularly the compromises that informed the text of the constitution. The doctrine involved a restrictive approach to the interpretation of the specific powers of the Federal Parliament to preserve the powers that were intended to be left to the States. The doctrine was challenged by the new appointments to the Court in 1906 and was ultimately abandoned by the High Court in 1920 in the ''Amalgamated Society of Engineers v Adelaide Steamship Co Ltd, Engineers' Case'',. replaced by an approach to interpretation that emphasised the text rather than the context of the Constitution. __TOC__ Background The Constitution sets up the Commonwealth of Australia a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 109 Of The Constitution Of Australia
Section 109 of the Constitution of Australia is the part of the Constitution of Australia that deals with the legislative inconsistency between federal and state laws, and declares that valid federal laws override ("shall prevail") inconsistent state laws, to the extent of the inconsistency. Section 109 is analogous to the Supremacy Clause in the United States Constitution and the paramountcy doctrine in Canadian constitutional jurisprudence, and the jurisprudence in one jurisdiction is considered persuasive in the others. Text Section 109 of the Constitution of Australia provides that: Section 109, together with section 5 of the ''Commonwealth of Australia Constitution Act 1900'' (which is not part of the Australian Constitution) have been considered to be the foundation for the existence of the judicial review power in Australia. The section provides: "Invalidity of a State law" does not mean that the State law is invalid in the positivist sense that the State Parliament ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chapter V Of The Constitution Of Australia
Chapter V of the Constitution of Australia deals with the relationship between the states and the Commonwealth, and other matters pertaining to the states. It is composed of fifteen sections, namely: * Section 106: Saving of Constitutions * Section 107: Saving of power of State Parliaments * Section 108: Saving of State laws * Section 109: Inconsistency of laws * Section 110: Provisions referring to Governor * Section 111: States may surrender territory * Section 112: States may levy charges for inspection laws * Section 113: Intoxicating liquids * Section 114: States may not raise forces. Taxation of property of Commonwealth or State * Section 115: States not to coin money * Section 116: Commonwealth not to legislate in respect of religion * Section 117: Rights of residents in States * Section 118: Recognition of laws etc. of States * Section 119: Protection of States from invasion and violence * Section 120: Custody of offenders against laws of the Commonwealth Reference ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federalism
Federalism is a combined or compound mode of government that combines a general government (the central or "federal" government) with regional governments (Province, provincial, State (sub-national), state, Canton (administrative division), cantonal, territorial, or other sub-unit governments) in a single political system, dividing the powers between the two. Federalism in the modern era was first adopted in the unions of states during the Old Swiss Confederacy. Federalism differs from Confederation, confederalism, in which the general level of government is subordinate to the regional level, and from devolution within a unitary state, in which the regional level of government is subordinate to the general level. It represents the central form in the pathway of regional integration or separation, bounded on the less integrated side by confederalism and on the more integrated side by devolution within a unitary state. Examples of a federation or federal province or state include ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1995 New South Wales Referendums
Referendums concerning the independence of judges and four-year parliamentary terms were put to New South Wales voters on 25 March 1995. The referendums coincided with that year's 1995 New South Wales state election, New South Wales general election. Both changes had the support of the major political parties and were approved by large majorities. __TOC__ Independence of judges Voters were asked to strengthen protections of the political independence of judges and magistrates. The text of the question was "Do you approve of the Bill entitled: A Bill for an Act to prevent Parliament from changing laws about the independence of judges and magistrates without a referendum?" Four-year terms Voters were asked to fix parliamentary terms at four years. Until then, while the maximum term was four years, premiers would call early elections if the political situation seemed more favourable than it might at the end of the term. This practice was a source of irritation for voters and op ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1991 New South Wales Referendum
A referendum concerning reform of the New South Wales Legislative Council was put to New South Wales voters on 25 May 1991. The referendum coincided with that year's New South Wales general election. The change passed comfortably. The text of the question was: Do you approve of the Bill entitled 'A Bill for an Act: (a) to reduce the number of politicians in the Legislative Council and to reduce their maximum term of office; and (b) to apply to the Legislative Council the same method of filling casual vacancies as applies to the Senate ? Amendments to the constitution At the time of the referendum, the Legislative Council consisted of 45 members, with 15 members elected at each election and members serving for three terms of the Legislative Assembly, giving a maximum term of 12 years. If a casual vacancy arose, the member was replaced by the next unelected candidate and it was only if the candidates were exhausted that the party could nominate a candidate at the election was de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1981 New South Wales Referendum
The 1981 New South Wales referendum was held on 19 September 1981, the same day as the state election. The referendum contained two questions: # Do you approve a Bill for an Act to extend the maximum period between general elections for the Legislative Assembly from 3 years to 4 years? # Do you approve a Bill for an Act to require Members of Parliament to disclose certain pecuniary interests and other matters? __NOTOC__ Amendments to the constitution The primary change by the proposal to extend the maximum term was to alter section 7B of the Constitution Act 1902 to provide for a maximum term of 4 years rather than 3. The proposal to require Members of Parliament to disclose pecuniary interests was to add section 14A to the Constitution Act 1902 which provided that * the Governor could make regulations requiring members of parliament to disclose their pecuniary interests; * the relevant house of parliament could declare a seat vacant if the member wilfully contravened a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
