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Monarchy Of Australia
The monarchy of Australia is Australia's form of government embodied by the Australian sovereign and head of state. The Australian monarchy is a constitutional monarchy, modelled on the Westminster system of Parliamentary system, parliamentary government, while incorporating features unique to the Constitution of Australia. The present monarch is Charles III, Style (manner of address), styled ''King of Australia'', who has King, reigned since 8 September 2022. He is represented in Australia as a whole by the Governor-General of Australia, governor-general, in accordance with the Australian Constitution and letters patent from the king. In each of the Australian states, according to the state constitutions, by a Governors of the Australian states, governor, assisted by a lieutenant-governor. The monarch appoints the governor-general and the governors, on the Advice (constitutional law), advice of the respective State and Federal executive governments. These are now almost the on ...
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Charles III
Charles III (Charles Philip Arthur George; born 14 November 1948) is King of the United Kingdom and the 14 other Commonwealth realms. He was the longest-serving heir apparent and Prince of Wales and, at age 73, became the oldest person to accede to the British throne following the death of his mother, Elizabeth II, on 8 September 2022. Charles was born in Buckingham Palace during the reign of his maternal grandfather, King George VI, and was three when his mother ascended the throne in 1952, making him the heir apparent. He was made Prince of Wales in 1958 and his investiture was held in 1969. He was educated at Cheam and Gordonstoun schools, as was his father, Prince Philip, Duke of Edinburgh. Charles later spent six months at the Timbertop campus of Geelong Grammar School in Victoria, Australia. After earning a Bachelor of Arts degree from the University of Cambridge, Charles served in the Air Force and Navy from 1971 to 1976. In 1981, he married Lady Dia ...
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Governors Of The Australian States
The governors of the Australian states are the representatives of Australia's monarch in each of Australia's six states. The governors are the nominal chief executives of the states, performing the same constitutional and ceremonial functions at the state level as does the Governor-General of Australia at the national or federal level. The state governors are not subject to the constitutional authority of the governor-general, but are directly responsible to the monarch. In practice, with notable exceptions the governors are generally required by convention to act on the advice of the state premiers or the other members of a state's cabinet. Origins The office of governor ("governor in chief" was an early title) is the oldest constitutional office in Australia. The title was first used with the Governor of New South Wales, and dates back to 1788 to the day on which the area (which is now the city of Sydney) became the first British settlement in Australia. Each of the su ...
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Alien (law)
In law, an alien is any person (including an organization) who is not a citizenship, citizen or a nationality, national of a specific country, although definitions and terminology differ to some degree depending upon the continent or region. More generally, however, the term "alien" is perceived as synonymous with foreign national. (explaining that "the term 'foreign national' means.... (2) an individual who is not a citizen of the United States or a national of the United States (as defined in section 1101(a)(22) of title 8) and who is not green card, lawfully admitted for permanent residence, as defined by section 1101(a)(20) of title 8."). Lexicology The term "alien" is derived from the Latin ''alienus'', which in turn is derived from the Oscan ''mancupatis'', (a proto-Etruscan tribe), meaning a slave. The Latin later came to mean a stranger, a foreigner, or someone not related by blood. Similar terms to "alien" in this context include ''foreigner'' and ''lander''. Categor ...
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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 result ...
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British Nationality Law
British nationality law prescribes the conditions under which a person is recognised as being a national of the United Kingdom. The six different classes of British nationality each have varying degrees of civil and political rights, due to the UK's historical status as a colonial empire. The primary class of British nationality is British citizenship, which is associated with the United Kingdom itself and the Crown dependencies. Foreign nationals may naturalize as British citizens after meeting a minimum residence requirement (usually five years) and acquiring settled status. British nationals associated with a current British Overseas Territory are British Overseas Territories citizens (BOTCs). Almost all BOTCs (except for those from Akrotiri and Dhekelia) have also been British citizens since 2002. Individuals connected with former British colonies may hold residual forms of British nationality, which do not confer an automatic right of abode in the United Kingdom and ...
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High Court 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 over ...
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Minister Of The Crown
Minister of the Crown is a formal constitutional term used in Commonwealth realms to describe a minister of the reigning sovereign or viceroy. The term indicates that the minister serves at His Majesty's pleasure, and advises the sovereign or viceroy on how to exercise the Crown prerogatives relating to the minister's department or ministry. Ministries In Commonwealth realms, the sovereign or viceroy is formally advised by a larger body known as a privy council or executive council, though, in practice, they are advised by a subset of such councils: the collective body of ministers of the Crown called the ministry. The ministry should not be confused with the cabinet, as ministers of the Crown may be outside a cabinet. In the UK, ministers are the MPs and members of the House of Lords who are in the government. History Ministers of the Crown in Commonwealth realms have their roots in early modern England, where monarchs sometimes employed " cabinet councils" consisti ...
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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 the Commonwealth (i.e. federal) Parliament of Australia, the other an 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, independent and federal nation". The Austr ...
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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 cit ...
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Sue V Hill
''Sue v Hill'' was an Australian court case decided in the High Court of Australia on 23 June 1999. It concerned a dispute over the apparent return of a candidate, Heather Hill, to the Australian Senate in the 1998 federal election. The result was challenged on the basis that Hill was a dual citizen of the United Kingdom and Australia, and that section 44(i) of the Constitution of Australia prevents any person who is the citizen of a "foreign power" from being elected to the Parliament of Australia. The High Court found that, at least for the purposes of section 44(i), the United Kingdom is a foreign power to Australia. Background Australian independence from the United Kingdom The degree to which Australia is and has been independent from the United Kingdom is a topic of much debate. The common view is that there has been an evolutionary process by which Australia has gained more and more independence. The 1926 Imperial Conference resulted in the ''Royal and Parliament ...
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Commonwealth Of Nations
The Commonwealth of Nations, simply referred to as the Commonwealth, is a political association of 56 member states, the vast majority of which are former territories of the British Empire. The chief institutions of the organisation are the Commonwealth Secretariat, which focuses on intergovernmental aspects, and the Commonwealth Foundation, which focuses on non-governmental relations amongst member states. Numerous organisations are associated with and operate within the Commonwealth. The Commonwealth dates back to the first half of the 20th century with the decolonisation of the British Empire through increased self-governance of its territories. It was originally created as the British Commonwealth of Nations through the Balfour Declaration at the 1926 Imperial Conference, and formalised by the United Kingdom through the Statute of Westminster in 1931. The current Commonwealth of Nations was formally constituted by the London Declaration in 1949, which modernised the ...
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Personal Union
A personal union is the combination of two or more states that have the same monarch while their boundaries, laws, and interests remain distinct. A real union, by contrast, would involve the constituent states being to some extent interlinked, such as by sharing some limited governmental institutions. Unlike the personal union, in a federation and a unitary state, a central (federal) government spanning all member states exists, with the degree of self-governance distinguishing the two. The ruler in a personal union does not need to be a hereditary monarch. The term was coined by German jurist Johann Stephan PĆ¼tter, introducing it into ''Elementa iuris publici germanici'' (Elements of German Public Law) of 1760. Personal unions can arise for several reasons, such as: * inheritance through a dynastic union, e.g. Louis X of France inherited France from his father and Navarre from his mother * decolonization, ex-colonies install the monarch of the former colonizing ...
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