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Potter V Minahan
''Potter v Minahan'' is a landmark decision of the High Court of Australia which was the first to recognise the principle of legality, the notion that without specific legislative language to do otherwise, courts should uphold fundamental rights. The case is also noted for recognising the right to freedom of movement. Background Occurring within the context of the White Australia policy, which restricted Chinese and Asian migration to Australia, the case concerned James Frances Kitchen Minahan, who had been born in Australia in 1876 to a Chinese father and an Australian-born Irish mother, but from the age of five had lived in China. In 1908, following his father's death, Minahan returned to Australia, and despite holding an Australian birth certificate, was arrested and gaoled on the grounds of being a prohibited immigrant under the Immigration Restriction Act. In April 1908, before the Victorian Court of Petty Sessions, Minahan was recognised to have remained domiciled in Vi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, 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 judiciary, 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 of Australia, Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General of Australia, Governor-General on the Advice (constitutional law), advice of the Prime Minister of Australia, Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire ea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Frank Gavan Duffy
Sir Frank Gavan Duffy, KCMG, KC (29 February 1852 – 29 July 1936) was an Australian judge who served as the fourth Chief Justice of Australia, in office from 1931 to 1935. His total service on the High Court of Australia was from 1913 to 1935. Prior to his judicial career, he was one of Victoria's most prominent barristers. Early life Duffy was born in Dublin, Ireland, on 29 February 1852, the son of Sir Charles Gavan Duffy, who was later to become a member of the Victorian Legislative Assembly, and the eighth Premier of Victoria. He travelled to Australia with his family in 1856, but later went to England to study at Stonyhurst College in Lancashire. In 1869, Duffy returned to Australia and attended the University of Melbourne, graduating in 1872 with a Bachelor of Arts. At this time, he began to work in the public service, and started to study law.' Legal career In 1874, Duffy was called to the Victorian Bar, and began practising as a barrister in 1875. Over the nex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal History Of Australia
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Legal systems vary between jurisdiction ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 * " ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rights In The Australian Constitution Cases
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory. Rights are of essential importance in such disciplines as law and ethics, especially theories of justice and deontology. Rights are fundamental to any civilization and the history of social conflicts is often bound up with attempts both to define and to redefine them. According to the ''Stanford Encyclopedia of Philosophy'', "rights structure the form of governments, the content of laws, and the shape of morality as it is currently perceived". Definitional issues One way to get an idea of the multiple understandings and senses of the term is to consider different ways it is used. Many diverse things are claimed as rights: There are likewise diverse possible ways to categorize rights, such as: There has been considerable debate abou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1908 In Case Law
Nineteen or 19 may refer to: * 19 (number), the natural number following 18 and preceding 20 * one of the years 19 BC, AD 19, 1919, 2019 Films * ''19'' (film), a 2001 Japanese film * ''Nineteen'' (film), a 1987 science fiction film Music * 19 (band), a Japanese pop music duo Albums * ''19'' (Adele album), 2008 * ''19'', a 2003 album by Alsou * ''19'', a 2006 album by Evan Yo * ''19'', a 2018 album by MHD * ''19'', one half of the double album ''63/19'' by Kool A.D. * '' Number Nineteen'', a 1971 album by American jazz pianist Mal Waldron * ''XIX'' (EP), a 2019 EP by 1the9 Songs * "19" (song), a 1985 song by British musician Paul Hardcastle. * "Nineteen", a song by Bad4Good from the 1992 album ''Refugee'' * "Nineteen", a song by Karma to Burn from the 2001 album ''Almost Heathen''. * "Nineteen" (song), a 2007 song by American singer Billy Ray Cyrus. * "Nineteen", a song by Tegan and Sara from the 2007 album '' The Con''. * "XIX" (song), a 2014 song by Slipk ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1908 In Australian Law
Nineteen or 19 may refer to: * 19 (number), the natural number following 18 and preceding 20 * one of the years 19 BC, AD 19, 1919, 2019 Films * ''19'' (film), a 2001 Japanese film * ''Nineteen'' (film), a 1987 science fiction film Music * 19 (band), a Japanese pop music duo Albums * ''19'' (Adele album), 2008 * ''19'', a 2003 album by Alsou * ''19'', a 2006 album by Evan Yo * ''19'', a 2018 album by MHD * ''19'', one half of the double album ''63/19'' by Kool A.D. * ''Number Nineteen'', a 1971 album by American jazz pianist Mal Waldron * ''XIX'' (EP), a 2019 EP by 1the9 Songs * "19" (song), a 1985 song by British musician Paul Hardcastle. * "Nineteen", a song by Bad4Good from the 1992 album ''Refugee'' * "Nineteen", a song by Karma to Burn from the 2001 album ''Almost Heathen''. * "Nineteen" (song), a 2007 song by American singer Billy Ray Cyrus. * "Nineteen", a song by Tegan and Sara from the 2007 album '' The Con''. * "XIX" (song), a 2014 song by Slipknot. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 51(xxvii) Of The Constitution Of Australia
Section 51(xxvii) of the Constitution of Australia (the immigration power) grants the Commonwealth Parliament the power to make laws with respect to "immigration and emigration." Historically, it was the principal legislative power in support of Australia's immigration scheme, which is now embodied in the '' Migration Act 1958'' (Cth). History The High Court discussed the immigration power in ''R v Macfarlane; Ex parte O'Flanagan'' (1923).. The plaintiffs were British subjects who had been charged with sedition. While the prosecution was pending, they were summoned to appear before a Board constituted under s 8A of the ''Immigration Act 1901–1920'' (Cth) to show cause why they should not be deported from Australia. The plaintiffs contended that s 8A was not authorised by s 51(xxvii) of the Constitution on five grounds, three of which concerned the content of the migration power. (The other two grounds concerned federal judicial power and executive power.) The High Court d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Ah Ket
William (Bill) Ah Ket (麥錫祥, 20 June 1876 – 6 August 1936) was a noted Australian barrister. Life With paternal ancestry from Taishan, southern China, Ah Ket was Australia's first barrister of Asian heritage or ethnicity. He was born on 20 June 1876 at Wangaratta, Victoria, the only son and fifth child of Mah Ket and Hing Ung. He was an alumnus of the University of Melbourne. On 16 November 1912 he married Gertrude Victoria Bullock at the Kew Methodist Church. They had two sons (William and Stanley) and two daughters (Melaan and Toylaan). He died on 6 August 1936 of arteriosclerosis and renal failure at Malvern, Victoria. His daughter Melaan was the mother of the guitarist John Williams John Towner Williams (born February 8, 1932)Nylund, Rob (15 November 2022)Classic Connection review ''WBOI'' ("For the second time this year, the Fort Wayne Philharmonic honored American composer, conductor, and arranger John Williams, who wa .... Ah Ket fought against the requiremen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Immigration Restriction Act 1901
The Immigration Restriction Act 1901 was an Act of the Parliament of Australia which limited immigration to Australia and formed the basis of the White Australia policy which sought to exclude all non-Europeans from Australia. The law granted immigration officers a wide degree of discretion to prevent individuals from entering Australia. The Act prohibited various classes of people from immigrating and provided for illegal immigrants to be deported. Because of opposition from the British government, a more explicit racial policy was avoided in the legislation, with the control mechanism for people deemed undesirable being a dictation test, which required a person seeking entry to Australia to write out a passage of fifty words dictated to them in any European language, not necessarily English, at the discretion of an immigration officer. The test was not designed to allow immigration officers to evaluate applicants on the basis of language skills, rather the language chosen was ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
White Australia Policy
The White Australia policy is a term encapsulating a set of historical policies that aimed to forbid people of non-European ethnic origin, especially Asians (primarily Chinese) and Pacific Islanders, from immigrating to Australia, starting in 1901. Governments progressively dismantled such policies between 1949 and 1973. Competition in the gold fields between European and Chinese miners, and labour union opposition to the importation of Pacific Islanders (primarily South Sea Islanders) into the sugar plantations of Queensland, reinforced demands to eliminate or minimize low-wage immigration from Asia and the Pacific Islands. From the 1850s colonial governments imposed restrictions on family members joining Chinese miners already in Australia. The colonial authorities levied a special tax on Chinese immigrants and from which other immigrants were exempted. Towards the end of the 19th century labour unions pushed to stop Chinese immigrants working in the furniture and market ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
