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Landmark Decision
Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly used in the United Kingdom and other Commonwealth jurisdictions instead of "landmark case", as used in the United States. In Commonwealth countries, a reported decision is said to be a ''leading decision'' when it has come to be generally regarded as settling the law of the question involved. In 1914, Canadian jurist Augustus Henry Frazer Lefroy said "a 'leading case' sone that settles the law upon some important point". A leading decision may settle the law in more than one way. It may do so by: * Distinguishing a new principle that refines a prior principle, thus departing from prior practice without violating the rule of ''stare decisis''; * Establishing a "test" (that is, a measurable standard that can be applied by courts in futu ... [...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 s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
World Heritage Zone
In its most general sense, the term "world" refers to the totality of entities, to the whole of reality or to everything that is. The nature of the world has been conceptualized differently in different fields. Some conceptions see the world as unique while others talk of a "plurality of worlds". Some treat the world as one simple object while others analyze the world as a complex made up of many parts. In ''scientific cosmology'' the world or universe is commonly defined as " e totality of all space and time; all that is, has been, and will be". '' Theories of modality'', on the other hand, talk of possible worlds as complete and consistent ways how things could have been. ''Phenomenology'', starting from the horizon of co-given objects present in the periphery of every experience, defines the world as the biggest horizon or the "horizon of all horizons". In ''philosophy of mind'', the world is commonly contrasted with the mind as that which is represented by the mind. ''Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 44 Of The Constitution Of Australia
Section 44 of the Australian Constitution lists the grounds for disqualification on who may become a candidate for election to the Parliament of Australia. It has generally arisen for consideration by the High Court sitting in its capacity as the Court of Disputed Returns. It has been reviewed several times, but has not been amended. Following several disqualifications under sub-section 44(i), a new review of the whole section was instituted on 28 November 2017. The Constitution Section 44 of the Constitution states: The Australian Electoral Commission reproduces the section in its Candidates Handbook, where it draws particular attention to s 44(i) and (iv). As to the nomination form, it advises that to give "false or misleading information", or to "omit any information if omitting that information would be misleading", is a criminal offence and that the "maximum penalty for this offence is imprisonment for 12 months". It does not spell out that such a conviction could resu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dual Citizen
Dual or Duals may refer to: Paired/two things * Dual (mathematics), a notion of paired concepts that mirror one another ** Dual (category theory), a formalization of mathematical duality *** see more cases in :Duality theories * Dual (grammatical number), a grammatical category used in some languages * Dual county, a Gaelic games county which in both Gaelic football and hurling * Dual diagnosis, a psychiatric diagnosis of co-occurrence of substance abuse and a mental problem * Dual fertilization, simultaneous application of a P-type and N-type fertilizer * Dual impedance, electrical circuits that are the dual of each other * Dual SIM cellphone supporting use of two SIMs * Aerochute International Dual a two-seat Australian powered parachute design Acronyms and other uses * Dual (brand), a manufacturer of Hifi equipment * DUAL (cognitive architecture), an artificial intelligence design model * DUAL algorithm, or diffusing update algorithm, used to update Internet protocol routing ta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sykes V Cleary
''Sykes v Cleary''.The Case Stated (by Dawson J), and then the individual judgments, are separately paragraph-numbered. was a significant decision of the High Court of Australia sitting as the Court of Disputed Returns on 25 November 1992. The case was a leading decision on Section 44 of the Constitution of Australia, dealing with both what constitutes an office of profit under the Crown and allegiance to a foreign power. The majority held that a teacher employed by the State of Victoria held an "office of profit under the Crown" within the meaning of s 44(iv) and so was "incapable of being chosen". A person who held dual citizenship was incapable of being chosen unless they had taken all reasonable steps to renounce the other citizenship. Background The former Labor Party Prime Minister Bob Hawke had resigned as the member for Wills in 1992. Independent candidate Phil Cleary was declared elected in the 1992 by-election; he had the highest first-preference vote, and an absolu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re Canavan
Re or RE may refer to: Geography * Re, Norway, a former municipality in Vestfold county, Norway * Re, Vestland, a village in Gloppen municipality, Vestland county, Norway * Re, Piedmont, an Italian municipality * Île de Ré, an island off the west coast of France ** Le Bois-Plage-en-Ré, a commune on that island * Re di Anfo, a torrent (seasonal stream) in Italy * Re di Gianico, Re di Niardo, Re di Sellero, and Re di Tredenus, torrents in the Val Camonica * Réunion (ISO 3166-1 code), a French overseas department and island in the Indian Ocean Music * Re, the second syllable of the scale in solfège ** Re, or D (musical note), the second note of the musical scale in ''fixed do'' solfège * Re: (band), a musical duo based in Canada and the United States Albums * ''Re'' (Café Tacuba album) * ''Re'' (Les Rita Mitsouko album) * ''Re.'' (Aya Ueto album) * ''Re:'' (Kard EP) Other media * Resident Evil, popular video game franchise of survival horror * ''...Re'' (film), a 2016 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National School Chaplaincy Programme
The National School Chaplaincy Programme (NSCP), between 2011 and 2014 known as the National School Chaplaincy and Student Welfare Programme, is an Australian federal government programme which funds chaplains in Australian primary and secondary schools. The chaplains are to provide "support and guidance about ethics, values, relationships and spirituality", and is based on pastoral care, not religious instruction. The grants are $20,000 a year for schools and $24,000 for schools in remote areas. History In October 2006, the Howard Government established NSCP, at an expected cost of $90 million, to provide $20,000 grants for schools to employ chaplains. In Australia, chaplains in state schools have, controversially, been funded by the federal government since 2007, as well as local communities. Chaplaincy services are provided by religious service companies which are predominantly Christian, though non-denominational within Christianity, including Scripture Union Queensland, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Williams V Commonwealth (No 2)
''Williams v Commonwealth of Australia'' 014HCA 23 (also known as ''Williams (No 2)'') judgment of the High Court.''Williams v Commonwealth of Australia'' It is related to executive prerogative and spending in relation to the Australian Government's National School Chaplaincy Programme The National School Chaplaincy Programme (NSCP), between 2011 and 2014 known as the National School Chaplaincy and Student Welfare Programme, is an Australian federal government programme which funds chaplains in Australian primary and secondary .... Background Following the decision in '' Williams v Commonwealth'' (''Williams (No 1)''), the Commonwealth enacted the ''Financial Framework Legislation Amendment Act (No 3)''See thFinancial Framework Legislation Amendment Act (No 3) 2012 (Cth) s 32B/ref> in an attempt to validate the National School Chaplaincy Programme and other similar Commonwealth spending programs. Mr Williams brought new proceedings in the High Court challenging the validit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Williams V Commonwealth
''Williams v Commonwealth of Australia''. (also known as the "School chaplains case") is a landmark judgment of the High Court. The matter related to the power of the Commonwealth executive government to enter into contracts and spend public moneys under section 61 of the Australian Constitution. Background As part of the National School Chaplaincy Programme, the Commonwealth government entered into a contract with a company, Scripture Union Queensland, for the provision of chaplaincy services at a State school in Queensland. The contract was described as the Darling Heights Funding Agreement. Ronald Williams, the father of four children attending the school, brought proceedings in the High Court challenging the validity of the funding agreement and the making of payments under the funding agreement. Mr Williams contended that the Commonwealth did not have power under s 61 of the Constitution to enter into the funding agreement, and that the funding agreement was prohibited ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth V The ACT
The Marriage Equality (Same Sex) Act 2013 was an act of parliament of the Australian Capital Territory Legislative Assembly that was intended to legalise same-sex marriage in the Australian Capital Territory (ACT). It was first presented to the ACT Legislative Assembly on 19 September 2013 by the ACT Attorney-General, Simon Corbell. The law intended to build on the existing recognition of same-sex unions in the Australian Capital Territory, which included recognition of de facto partners, civil partnerships and same-sex-only civil unions (with civil unions being replaced by same-sex marriage if the Act was successfully passed). The act was passed in the Legislative Assembly on 22 October 2013. It came into operation on 7 November although wedding ceremonies under the provisions of the Act did not occur until 7 December 2013. Alan Wright (Player) and Joel Player were the first same-sex couple to marry under the new laws. Upon the law's commencement, the Abbott Government chall ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plaintiff M70/2011 V Minister For Immigration And Citizenship
''Plaintiff M70'' is a decision by the High Court of Australia. The lawsuit concerned an injunction sought by multiple Afghan asylum seekers against immigration minister Chris Bowen. The injunction was to prevent Bowen from deporting the plaintiffs to Malaysia, pursuant to s198A of the Migration Act (a provision since repealed). The purpose of the deportation was to avoid their asylum application from being assessed by Australia. The court decided that the Commonwealth government did not have lawful authority to force resettlement of the plaintiffs to Malaysia. The Migration Act's s198A deportation power required a declaration be first made by the Minister about the recipient country's refugee protections; and it was found this declaration had been made invalidly. A majority found that Malaysia was unable to be declared a safe country for asylum seekers pursuant to s198A, due to Malaysia not being bound to protect refugees either at domestic or international law. As Bowen's ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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