McGinty V Western Australia
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McGinty V Western Australia
''McGinty v Western Australia,'' was a significant case decided in the High Court of Australia in 1996. The plaintiffs sought to enshrine the principle of ‘one vote one value’ in the Australian Constitution, and has had a significant impact on how the High Court approaches matters of the franchise, as well as malapportionment. The plaintiff's submissions were unanimously rejected by the court, who found that the interpretation of sections 7 and 24 of the Australian Constitution did not require that all votes hold the same value. The High Court exercised its original jurisdiction in hearing the matter, meaning that the case did not need to proceed as an appeal from the Supreme Court of Western Australia. Background Western Australian elections The Western Australian Legislature is made up of a bicameral parliamentary system, a legislative council and a legislative assembly, established in 1890. By 1996 the assembly had 57 members, which were divided between 34 metrop ...
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Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Christopher Horan KC and Paul Vout KC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Roshan Chaile * Ella Delany * Bora Kaplan * Rudi Kruse * James McComish * William Newland * Alistair Pound SC * Daniel Reynolds * Alexander Solomon-Bridge * Julia Wang * Michael Wells * Jillian Williams * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented on and cited ...
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Western Australian Legislative Council
The Western Australian Legislative Council is the upper house of the Parliament of Western Australia, a state of Australia. It is regarded as a house of review for legislation passed by the Legislative Assembly, the lower house. The two Houses of Parliament sit in Parliament House in the state capital, Perth. Effective on 20 May 2005, for the election of members of the Legislative Council, the State was divided into 6 electoral regions by community of interest —3 metropolitan and 3 rural—each electing 6 members to the Legislative Council.. The 2005 changes continued to maintain the previous malapportionment in favour of rural regions. Legislation was passed in 2021 to abolish these regions and increase the size of the council to 37 seats, all of which will be elected by the state-at-large. The changes will take effect in the 2025 state election. Since 2008, the Legislative Council has had 36 members. Since the 2013 state election, both houses of Parliament have had fix ...
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High Court Of Australia Cases
High may refer to: Science and technology * Height * High (atmospheric), a high-pressure area * High (computability), a quality of a Turing degree, in computability theory * High (tectonics), in geology an area where relative tectonic uplift took or takes place * Substance intoxication, also known by the slang description "being high" * Sugar high, a misconception about the supposed psychological effects of sucrose Music Performers * High (musical group), a 1974–1990 Indian rock group * The High, an English rock band formed in 1989 Albums * ''High'' (The Blue Nile album) or the title song, 2004 * ''High'' (Flotsam and Jetsam album), 1997 * ''High'' (New Model Army album) or the title song, 2007 * ''High'' (Royal Headache album) or the title song, 2015 * ''High'' (EP), by Jarryd James, or the title song, 2016 Songs * "High" (Alison Wonderland song), 2018 * "High" (The Chainsmokers song), 2022 * "High" (The Cure song), 1992 * "High" (David Hallyday song), 1988 * " ...
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Australia Act 1986
The Australia Act 1986 is the short title of each of a pair of separate but related pieces of legislation: one an Act of Parliament, Act of the Commonwealth (i.e. federal) Parliament of Australia, the other an Act of Parliament (UK), Act of the Parliament of the United Kingdom. In Australia they are referred to, respectively, as the Australia Act 1986 (Cth) and the Australia Act 1986 (UK). These nearly identical Acts were passed by the two parliaments, because of uncertainty as to whether the Commonwealth Parliament alone had the ultimate authority to do so. They were enacted using legislative powers conferred by enabling Acts passed by the parliaments of every Australian state. The Acts came into effect simultaneously, on 3 March 1986. According to the long title of the Australian act, its purpose was "to bring constitutional arrangements affecting the Commonwealth and the States to be brought into conformity with the status of the Commonwealth of Australia as a sovereign, i ...
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James Bryce, 1st Viscount Bryce
James Bryce, 1st Viscount Bryce, (10 May 1838 – 22 January 1922), was a British academic, jurist, historian, and Liberal politician. According to Keoth Robbins, he was a widely-traveled authority on law, government, and history whose expertise led to high political offices culminating with his successful role as ambassador to the United States, 1907–13. His intellectual influence was greatest in ''The American Commonwealth'' (1888), an in-depth study of American politics that shaped the understanding of America in Britain and in the United States as well. Background and education Bryce was born in Arthur Street in Belfast, County Antrim, in Ulster, the son of Margaret, daughter of James Young of Whiteabbey, and James Bryce, LLD, from near Coleraine, County Londonderry. The first eight years of his life were spent residing at his grandfather's Whiteabbey residence, often playing for hours on the tranquil picturesque shoreline. Annan Bryce was his younger brother. He was ...
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Jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning and analogy, legal systems, legal institutions, and the proper application of law, the economic analysis of law and the role of law in society. Modern jurisprudence began in the 18th century and it was based on the first principles of natural law, civil law, and the law of nations. General jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists.Shi ...
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Majoritarianism
Majoritarianism is a traditional political philosophy or agenda that asserts that a majority (sometimes categorized by religion, language, social class, or some other identifying factor) of the population is entitled to a certain degree of primacy in society, and has the right to make decisions that affect the society. This traditional view has come under growing criticism, and liberal democracies have increasingly included constraints on what the parliamentary majority can do, in order to protect citizens' fundamental rights. This should not be confused with the concept of a majoritarian electoral system, which is a simple electoral system that usually gives a majority of seats to the party with a plurality of votes. A parliament elected by this method may be called a majoritarian parliament (e.g., the Parliament of the United Kingdom, or the Parliament of India). Under a democratic majoritarian political structure, the majority would not exclude any minority from future par ...
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Gerrymandering
In representative democracies, gerrymandering (, originally ) is the political manipulation of electoral district boundaries with the intent to create undue advantage for a party, group, or socioeconomic class within the constituency. The manipulation may involve "cracking" (diluting the voting power of the opposing party's supporters across many districts) or "packing" (concentrating the opposing party's voting power in one district to reduce their voting power in other districts). Gerrymandering can also be used to protect incumbents. Wayne Dawkins describes it as politicians picking their voters instead of voters picking their politicians. The term ''gerrymandering'' is named after American politician Elbridge Gerry, Vice President of the United States at the time of his death, who, as governor of Massachusetts in 1812, signed a bill that created a partisan district in the Boston area that was compared to the shape of a mythological salamander. The term has negative con ...
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Western Australia
Western Australia (commonly abbreviated as WA) is a state of Australia occupying the western percent of the land area of Australia excluding external territories. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to the south, the Northern Territory to the north-east, and South Australia to the south-east. Western Australia is Australia's largest state, with a total land area of . It is the second-largest country subdivision in the world, surpassed only by Russia's Sakha Republic. the state has 2.76 million inhabitants  percent of the national total. The vast majority (92 percent) live in the south-west corner; 79 percent of the population lives in the Perth area, leaving the remainder of the state sparsely populated. The first Europeans to visit Western Australia belonged to the Dutch Dirk Hartog expedition, who visited the Western Australian coast in 1616. The first permanent European colony of Western Australia occurred following the ...
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Perth
Perth is the capital and largest city of the Australian state of Western Australia. It is the fourth most populous city in Australia and Oceania, with a population of 2.1 million (80% of the state) living in Greater Perth in 2020. Perth is part of the South West Land Division of Western Australia, with most of the metropolitan area on the Swan Coastal Plain between the Indian Ocean and the Darling Scarp. The city has expanded outward from the original British settlements on the Swan River, upon which the city's central business district and port of Fremantle are situated. Perth is located on the traditional lands of the Whadjuk Noongar people, where Aboriginal Australians have lived for at least 45,000 years. Captain James Stirling founded Perth in 1829 as the administrative centre of the Swan River Colony. It was named after the city of Perth in Scotland, due to the influence of Stirling's patron Sir George Murray, who had connections with the area. It gained city statu ...
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Western Australian Legislative Assembly
The Western Australian Legislative Assembly, or lower house, is one of the two chambers of the Parliament of Western Australia, an Australian state. The Parliament sits in Parliament House in the Western Australian capital, Perth. The Legislative Assembly today has 59 members, elected for four-year terms from single-member electoral districts. Members are elected using the preferential voting system. As with all other Australian states and territories, voting is compulsory for all Australian citizens over the legal voting age of 18. Role and operation Most legislation in Western Australia is initiated in the Legislative Assembly. The party or coalition that can command a majority in the Legislative Assembly is invited by the Governor to form a government. That party or coalition's leader, once sworn in, subsequently becomes the Premier of Western Australia, and a team of the leader's, party's or coalition's choosing (whether they be in the Legislative Assembly or in the Leg ...
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Constitution Of Australia
The Constitution of Australia (or Australian Constitution) is a written constitution, constitutional document that is Constitution, supreme law in Australia. It establishes Australia as a Federation of Australia, federation under a constitutional monarchy and outlines the structure and powers of the Australian government's three constituent parts, the Government of Australia, executive, Parliament of Australia, legislature, and Judiciary of Australia, judiciary. The constitution was drafted between 1891 and 1898, through a series of Constitutional Convention (Australia), conventions conducted by representatives of the six self-governing British colonies in Australia. The final draft was then approved in a 1898–1900 Australian constitutional referendums, set of referendums from 1898 to 1900. The British government objected to some elements of the final draft, but a slightly modified form was enacted as section 9 of the ''Commonwealth of Australia Constitution Act 1900'', an Ac ...
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