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R V Kirby; Ex Parte Boilermakers' Society Of Australia
''R v Kirby; Ex parte Boilermakers' Society of Australia'',. known as the ''Boilermakers' Case'', was a 1956 decision of the High Court of Australia which considered the powers of the Commonwealth Court of Conciliation and Arbitration to punish the Boilermakers' Society of Australia, a union which had disobeyed the orders of that court in relation to an industrial dispute between boilermakers and their employer body, the Metal Trades Employers' Association. The High Court held that the judicial power of the Commonwealth could not be vested in a tribunal that also exercised non-judicial functions. It is a major case dealing with the separation of powers in Australian law. Background Separation of Powers The High Court had consistently held that the judicial power of the Commonwealth could not be exercised by any body except a court established under Chapter III of the Constitution or a state court invested with federal jurisdiction. This was because the separation of judici ... [...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] |
Viscount Simonds
A viscount ( , for male) or viscountess (, for female) is a title used in certain European countries for a noble of varying status. In many countries a viscount, and its historical equivalents, was a non-hereditary, administrative or judicial position, and did not develop into a hereditary title until much later. In the case of French viscounts, it is customary to leave the title untranslated as vicomte . Etymology The word ''viscount'' comes from Old French (Modern French: ), itself from Medieval Latin , accusative of , from Late Latin "deputy" + Latin (originally "companion"; later Roman imperial courtier or trusted appointee, ultimately count). History During the Carolingian Empire, the kings appointed counts to administer provinces and other smaller regions, as governors and military commanders. Viscounts were appointed to assist the counts in their running of the province, and often took on judicial responsibility. The kings strictly prevented the offices of their ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chapter III Court
In Australian constitutional law, Chapter III Courts are courts of law which are a part of the Australian federal judiciary and thus are able to discharge Commonwealth judicial power. They are so named because the prescribed features of these courts are contained in Chapter III of the Australian Constitution. Separation of powers in Australia The doctrine of separation of powers refers to a system of government whereby three aspects of government powerlegislative power, executive power, and judicial powerare vested in separate institutions. This doctrine holds that abuse of power can be avoided by each arm of government acting as a check on another. In Australia, this separation is implied in the structure of the Constitution. Chapter I outlines legislative powerthe making, altering or repealing of laws; Chapter II outlines executive powerthe general and detailed carrying on of governmental functions; Chapter III outlines judicial powerthe interpretation of law, and adjudication ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Law
The legal system of Australia has multiple forms. It includes a written constitution, unwritten constitutional conventions, statutes, regulations, and the judicially determined common law system. Its legal institutions and traditions are substantially derived from that of the English legal system. Australia is a common-law jurisdiction, its court system having originated in the common law system of English law. The country's common law is the same across the states and territories (subject to augmentation by statutes).. The Australian Constitution sets out a federal system of government. There exists a national legislature, with a power to pass laws of overriding force on a number of express topics. The States are separate jurisdictions with their own system of courts and parliaments, and are vested with plenary power. Some Australian territories such as the Northern Territory and the Australian Capital Territory have been granted a regional legislature by the Commonwealth. Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Separation Of Powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typical division is into three branches: a legislature, an executive, and a judiciary, which is sometimes called the model. It can be contrasted with the fusion of powers in parliamentary and semi-presidential systems where there can be overlap in membership and functions between different branches, especially the executive and legislative, although in most non-authoritarian jurisdictions, the judiciary almost never overlaps with the other branches, whether powers in the jurisdiction are separated or fused. The intention behind a system of separated powers is to prevent the concentration of power by providing for checks and balances. The separation of powers model is often imprecisely and metonymically used interchangeably with the ' principl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Constitution
The Constitution of Australia (or Australian Constitution) is a constitutional document that is supreme law in Australia. It establishes Australia as a federation under a constitutional monarchy and outlines the structure and powers of the Australian government's three constituent parts, the executive, legislature, and judiciary. The constitution was drafted between 1891 and 1898, through a series of conventions conducted by representatives of the six self-governing British colonies in Australia. The final draft was then approved in a 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 act of the Parliament of the United Kingdom. The act was given royal assent on 9 July 1900, was proclaimed on 17 September 1900, and entered into force on 1 January 1901. The constitution gave the six colonies the status ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Metal Trades Employers' Association
A metal (from Greek μέταλλον ''métallon'', "mine, quarry, metal") is a material that, when freshly prepared, polished, or fractured, shows a lustrous appearance, and conducts electricity and heat relatively well. Metals are typically ductile (can be drawn into wires) and malleable (they can be hammered into thin sheets). These properties are the result of the ''metallic bond'' between the atoms or molecules of the metal. A metal may be a chemical element such as iron; an alloy such as stainless steel; or a molecular compound such as polymeric sulfur nitride. In physics, a metal is generally regarded as any substance capable of conducting electricity at a temperature of absolute zero. Many elements and compounds that are not normally classified as metals become metallic under high pressures. For example, the nonmetal iodine gradually becomes a metal at a pressure of between 40 and 170 thousand times atmospheric pressure. Equally, some materials regarded as metals ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Amalgamated Engineering Union (Australia)
The Amalgamated Engineering Union (AEU), originally known as the Amalgamated Society of Engineers, was an Australian trade union which existed between 1852 and 1973. It represented engineers, as well as some other metal trades workers. History The first Australian branch of the Amalgamated Society of Engineers was formed in Sydney in 1852 by 27 members of the British union who had emigrated to Australia following a lockout in Britain. While the Australian section was the first overseas branch of the union to be formed, several others were established over the course of the 19th century, including in Canada, South Africa, New Zealand and the United States. In 1890 a breakaway group formed the Australasian Society of Engineers, dissatisfied with the union being controlled from Britain. The ASE was to continue to operate in parallel to the AEU throughout its history, and the two organisations were bitter rivals in organising engineering workers. In 1921, following the amalgam ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Court Of Conciliation And Arbitration
The Commonwealth Court of Conciliation and Arbitration was an Australian court that operated from 1904 to 1956 with jurisdiction to hear and arbitrate interstate industrial disputes, and to make awards. It also had the judicial functions of interpreting and enforcing awards and hearing other criminal and civil cases relating to industrial relations law. The Court was declared invalid by the High Court of Australia in the '' Boilermakers' case'',. and was replaced by two bodies: the Commonwealth Conciliation and Arbitration Commission and the Commonwealth Industrial Court. History The Court was created in 1904 by the ''Commonwealth Conciliation and Arbitration Act 1904'',. an Act of the Parliament of Australia. The Court was initially less important than the various State industrial conciliation commissions, which had jurisdiction over all disputes which occurred within their respective states. The Court's workload was so low that it made only six awards in the first five years ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Donald Somervell, Baron Somervell Of Harrow
Donald Bradley Somervell, Baron Somervell of Harrow, (24 August 1889 – 18 November 1960) was a British barrister, judge and Conservative Party politician. He served as Solicitor General and Attorney General from 1933 to 1945 and was briefly Home Secretary in Winston Churchill's 1945 caretaker government. Background, education and legal career Somervell was the son of Robert Somervell, master and bursar of Harrow School, and was educated at Harrow before reading Chemistry with a demyship at Magdalen College, Oxford, graduating with a First in 1911. In 1912 he was elected a prize fellow of All Souls College, Oxford, the first chemist to be elected. He then joined the Inner Temple, but his legal training was interrupted by the outbreak of the First World War. Commissioned into the British Army, he served with the Middlesex Regiment and the 53rd Brigade in India and Mesopotamia. For his war service, he was appointed OBE in 1919. Having been called to the bar ''in absentia'' in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Keith Of Avonholm
James Keith, Baron Keith of Avonholm, (20 May 1886 – 29 June 1964) was a British advocate and judge. He served as a Lord of Session from 1937 to 1953, and then as a Law Lord until 1961. Early life and career His grandfather and namesake, James Keith (17 April 1825 – 21 March 1901) and his father, Sir Henry Shanks Keith (26 Dec. 1852 – 9 July 1944) both served as Provosts of Hamilton, Lanarkshire, Scotland; his father also being appointed a Deputy Lieutenant and Honorary Sheriff of Lanarkshire. His family owned the large high-end grocery business, Keith's of Hamilton, operating from substantial premises on the town's Cadzow Street (the building remains.) The young James Keith was brought up at Avonholm, Hamilton and was educated at the Hamilton Academy and the University of Glasgow, where he took a First in History (M.A.) and a LL.B. He was admitted to the Faculty of Advocates in 1911. During World War I, he joined the Seaforth Highlanders, and was wounded in France. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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