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Principle Of Legality (Australia)
The Principle of Legality is an important legal doctrine in Australian public law. It is an interpretive presumption by the judiciary that Australia's various parliaments do not intend to curtail or abrogate fundamental rights and freedoms when enacting legislation. Due to this, parliaments are effectively required to enact legislation using express and unambiguous language if they wish to enact legislation negatively affecting any rights, liberties, or freedoms that the courts regard as being fundamental. In recent decades the rule has grown in importance to Australian legal practice. It has been said that the doctrine as it is understood and articulated in its modern form 'has transformed a loose collection of rebuttable interpretive presumptions into a quasi-constitutional common law bill of rights'.Meagher, Dan ---The Principle of Legality as Clear Statement Rule: Significance and Problems 014SydLawRw 19; (2014) 36(3) Sydney Law Review 413 Other jurisdictions, including the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Doctrine
A legal doctrine is a framework, set of rules, Procedural law, procedural steps, or Test (law), test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be Case law, equally applied to like cases. When enough judges make use of the process, it may become established as the ''de facto'' method of deciding like situations. Examples Examples of legal doctrines include: See also * Constitutionalism * Constitutional economics * Concept * Rule according to higher law * Legal fiction * Legal precedent * ''Ex aequo et bono'' References External links * *Pierre Schlag and Amy J. Griffin, "How to do Things with Legal Doctrine" (University of Chicago Press 2020) * Emerson H. Tiller and Frank B. Cross,What is Legal Doctrine? " ''Northwestern University Law Review'', Vol. 100:1, 2006. Legal doctrines ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Electrolux Home Products Pty Ltd V Australian Workers' Union
''Electrolux v The Australian Workers' Union'' was a 2004 decision by the High Court of Australia that held that a bargaining agent fee did not pertain to the relationship between employer and employee and so could not be included in an enterprise bargaining agreement.. Background The case dealt with whether bargaining agent's fees could be in an enterprise bargaining agreement as created by the ''Workplace Relations Act (Cth) 1996''. Bargaining agent's fees were politically contentious as they were seen as a form of compulsory union dues. They were expressly prohibited by the Parliament of Australia by the Workplace Relations Amendment (Prohibition of Compulsory Union Fees) Act 2003 No. 20, 2003 and then subsequently by the WorkChoices legislation. Decision The High Court decided 6 judges to 1 (Kirby J dissenting) that only matters that "pertained to the relationship between employer and employee" could be placed in an enterprise bargaining agreement. Bargaining agent's f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Victorian Charter Of Human Rights And Responsibilities
The Charter of Human Rights and Responsibilities Act 2006 is an Act of Parliament of the state of Victoria, Australia, designed to protect and promote human rights. It does so by enumerating a series of human rights, largely developed from those in the International Covenant of Civil and Political Rights, along with a number of enforcement provisions. The Act came into full effect on 1 January 2008 and may operate in a similar way to the UK's Human Rights Act 1998 or the Canadian Bill of Rights.Joseph E. Magnet''Constitutional Law of Canada'', 8th ed., Part VI, Chapter 1 Juriliber, Edmonton (2001). Retrieved 18 March 2006. About the act The Act protects twenty one fundamental human rights, including: * Right to recognition and equality before the law (section 8) * Right to life (section 9) * Right to protection from torture and cruel, inhuman or degrading treatment (section 10) * Right to freedom from forced work (section 11) * Right to freedom of movement (section 12) * Rig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Privative Clause
An ouster clause or privative clause is, in countries with common law legal systems, a clause or provision included in a piece of legislation by a legislative body to exclude judicial review of acts and decisions of the executive by stripping the courts of their supervisory judicial function. According to the doctrine of the separation of powers, one of the important functions of the judiciary is to keep the executive in check by ensuring that its acts comply with the law, including, where applicable, the constitution. Ouster clauses prevent courts from carrying out this function, but may be justified on the ground that they preserve the powers of the executive and promote the finality of its acts and decisions. Ouster clauses may be divided into two species – total ouster clauses and partial ouster clauses. In the United Kingdom, the effectiveness of total ouster clauses is fairly limited. In the case of '' Anisminic Ltd. v. Foreign Compensation Committee'' (1968), the H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plaintiff S157/2002 V Commonwealth
''Plaintiff S157/2002 v Commonwealth'', also known as 'S157', is a decision of the High Court of Australia. It is an important case in Australian Administrative Law, in particular for its holdings about Parliament's inability to restrict the availability of constitutional writs. As of September 2020, 'S157' is the 12th most cited case of the High Court.Note: LawCite citation statistics track the written judgements of courts, journal articles, and tribunals. (both in Australia and overseas) https://www.austlii.edu.au/cgi-bin/LawCite?cit=&party1=&party2=&court=High%2BCourt%2Bof%2BAustralia&juris=&article=&author=&year1=&year2=&synonyms=on&filter=on&cases-cited=&legis-cited=§ion=&large-search-ok=1&sort-order=citedNote: data is as of September 2020 Background The plaintiff,The effect of the is that courts cannot name plaintiffs seeking protection visas in order to reduce the potential that the publication the applicants name may create further protection claims for people in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Migration Act 1958
The ''Migration Act 1958'' (Cth) is an Act of the Parliament of Australia that governs immigration to Australia. It set up Australia’s universal visa system (or entry permits). Its long title is "An Act relating to the entry into, and presence in, Australia of aliens, and the departure or deportation from Australia of aliens and certain other persons." The 1958 Act replaced the ''Immigration Restriction Act 1901'', which had formed the basis of the White Australia policy, abolishing the infamous "dictation test", as well as removing many of the other discriminatory provisions in the 1901 Act. The 1958 Act has been amended a number of times. Deportation decisions, provided for in section 18 the Act, are at the absolute discretion of the responsible Minister or his delegate. Deportation requires a specific deportation order (section 206) and applies to Australian permanent residents only. Removal is an automatic process applying to persons held in immigration detention and d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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] |
Rule Of Law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica'' as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." The term ''rule of law'' is closely related to constitutionalism as well as ''Rechtsstaat'' and refers to a political situation, not to any specific legal rule. Use of the phrase can be traced to 16th-century Britain. In the following century, the Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings. John Locke wrote that freedom in society means being subject only to laws made by a legislature that apply to everyone, with a person being otherwise free from both governmental and ... [...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] |
Public Law
Public law is the part of law that governs relations between legal persons and a government, between different institutions within a state, between different branches of governments, as well as relationships between persons that are of direct concern to society. Public law comprises constitutional law, administrative law, tax law and criminal law, as well as all procedural law. Laws concerning relationships between individuals belong to private law. The relationships public law governs are asymmetric and inequalized. Government bodies (central or local) can make decisions about the rights of persons. However, as a consequence of the rule-of-law doctrine, authorities may only act within the law (''secundum et intra legem''). The government must obey the law. For example, a citizen unhappy with a decision of an administrative authority can ask a court for judicial review. The distinction between public law and private law dates back to Roman law, where the Roman jurist Ulpian ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliamentary Sovereignty
Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all other government institutions, including executive or judicial bodies. It also holds that the legislative body may change or repeal any previous legislation and so it is not bound by written law (in some cases, not even a constitution) or by precedent. In some countries, parliamentary sovereignty may be contrasted with separation of powers, which limits the legislature's scope often to general law-making and makes it subject to external judicial review, where laws passed by the legislature may be declared invalid in certain circumstances. Many states have sovereign legislatures, including the United Kingdom, New Zealand, the Netherlands, Sweden, Norway, Denmark, Finland, Iceland, Barbados, Jamaica, Papua New Guinea, the Solomon Islands, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
