R V Pearson; Ex Parte Sipka
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R V Pearson; Ex Parte Sipka
''R v Pearson; Ex parte Sipka'',. was a landmark Australian court case decided in the High Court of Australia on 24 February 1983. It concerned section 41 of the Australian Constitution, and the question of whether four people eligible to vote in New South Wales could be prevented from voting at the federal level by a federal law which closed registration to vote on the day that the writs of election were issued. The court decided that they could, adopting a narrow interpretation of section 41, and therefore finding that there is no express constitutional right to vote in Australia. Background to the case In 1983, section 45 of the ''Commonwealth Electoral Act 1918'' provided that: 45 (a) Claims for enrolment... which are received by the Registrar after six o'clock in the afternoon of the day of the issue of the writ for an election shall not be registered until after the close of polling at the election. This had the effect of closing the electoral roll on the day when an elec ...
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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 ...
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Prime Minister Of Australia
The prime minister of Australia is the head of government of the Commonwealth of Australia. The prime minister heads the executive branch of the Australian Government, federal government of Australia and is also accountable to Parliament of Australia, federal parliament under the principles of responsible government. The current prime minister is Anthony Albanese of the Australian Labor Party, who became prime minister on 23 May 2022. Formally appointed by the Governor-General of Australia, governor-general, the role and duties of the prime minister are not described by the Constitution of Australia, Australian constitution but rather defined by Constitutional convention (political custom), constitutional convention deriving from the Westminster system. To become prime minister, a politician should be able to Confidence and supply, command the confidence of the House of Representatives (Australia), House of Representatives. As such, the prime minister is typically the leader o ...
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Writ
In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, and ''certiorari'' are common types of writ, but many forms exist and have existed. In its earliest form, a writ was simply a written order made by the English monarch to a specified person to undertake a specified action; for example, in the feudal era a military summons by the king to one of his tenants-in-chief to appear dressed for battle with retinue at a certain place and time. An early usage survives in the United Kingdom, Canada, and Australia in a writ of election, which is a written order issued on behalf of the monarch (in Canada, by the Governor General and, in Australia, by the Governor-General for elections for the House of Representatives, or State Governors for state elections) to local officials ( High Sheriffs of every c ...
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Voting Age
A voting age is a minimum age established by law that a person must attain before they become eligible to vote in a public election. The most common voting age is 18 years; however, voting ages as low as 16 and as high as 25 currently exist (see list below). Most countries have set a minimum voting age, often set in their constitution. In a number of countries voting is compulsory for those eligible to vote, while in most it is optional. When the right to vote was being established in democracies, the voting age was generally set at 21 or higher. In the 1970s many countries reduced the voting age to 18. The debate is ongoing in a number of countries on proposals to reduce the voting age to or below 18. In Brazil, for example, the minimum age lowered from 18 to 16 years old in the 1988 constitution. History In 1890, Law No. 5, 1890, of the South African Republic, commonly known as Transvaal, set a voting age there of 18 years. The effort was, like later legislation expandin ...
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Naturalization
Naturalization (or naturalisation) is the legal act or process by which a non-citizen of a country may acquire citizenship or nationality of that country. It may be done automatically by a statute, i.e., without any effort on the part of the individual, or it may involve an application or a motion and approval by legal authorities. The rules of naturalization vary from country to country but typically include a promise to obey and uphold that country's laws and taking and subscribing to an oath of allegiance, and may specify other requirements such as a minimum legal residency and adequate knowledge of the national dominant language or culture. To counter multiple citizenship, some countries require that applicants for naturalization renounce any other citizenship that they currently hold, but whether this renunciation actually causes loss of original citizenship, as seen by the host country and by the original country, will depend on the laws of the countries involved. The ...
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Ninian Stephen
Sir Ninian Martin Stephen (15 June 1923 – 29 October 2017) was an Australian judge who served as the 20th governor-general of Australia, in office from 1982 to 1989. He was previously a justice of the High Court of Australia from 1972 to 1982. Stephen was born in England to Scottish parents. As a child he lived for periods in France, Germany, Scotland, and Switzerland, eventually arriving in Australia at the age of 16. Stephen served with the Australian Army during World War II, and after the war entered the legal profession. He became one of Australia's leading constitutional lawyers. Stephen was appointed to the Supreme Court of Victoria in 1970, and then to the High Court in 1972, aged 48. He was considered a member of the court's "moderate centre". In 1982, Stephen was appointed governor-general on the recommendation of Malcolm Fraser. He approved two double dissolutions during his time in office, the only governor-general to do so. After his term expired, Stephen remai ...
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Governor-General Of Australia
The governor-general of Australia is the representative of the monarch, currently King Charles III, in Australia.Governor-General of the Commonwealth of Australiaofficial website
Retrieved 1 January 2015.
The governor-general is appointed by the monarch on the recommendation of government ministers. The governor-general has formal presidency over the Federal Executive Council and is commander-in-chief of the Australian Defence Force. ...
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Parliament Of Australia
The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislature, legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the Governor-General of Australia, governor-general), the Australian Senate, Senate and the Australian House of Representatives, House of Representatives.Constitution of Australia, Section 1 of the Constitution of Australia, section 1. The combination of two elected chambers, in which the members of the Senate represent the States and territories of Australia, states and territories while the members of the House represent electoral divisions according to population, is modelled on the United States Congress. Through both chambers, however, there is a Fusion of powers, fused executive, drawn from the Westminster system.. The upper house, the Senate, consists of 76 members: twelve for each state, and two each for the territories, Northern Terr ...
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Double Dissolution
A double dissolution is a procedure permitted under the Australian Constitution to resolve deadlocks in the bicameral Parliament of Australia between the House of Representatives (lower house) and the Senate (upper house). A double dissolution is the only circumstance in which the entire Senate can be dissolved. Similar to the United States Congress, but unlike the British Parliament, Australia's two parliamentary houses generally have almost equal legislative power (the Senate may reject outright but cannot amend appropriation (money) bills, which must originate in the House of Representatives). Governments, which are formed in the House of Representatives, can be frustrated by a Senate determined to reject their legislation. If the conditions (called a trigger) are satisfied, the prime minister can advise the governor-general to dissolve both houses of Parliament and call a full election. If, after the election, the legislation that triggered the double dissolution is still n ...
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Bill Hayden
William George Hayden (born 23 January 1933) is an Australian politician who served as the 21st governor-general of Australia from 1989 to 1996. He was Leader of the Labor Party and Leader of the Opposition from 1977 to 1983, and served as Minister for Foreign Affairs and Trade from 1983 to 1988 under Bob Hawke and as Treasurer of Australia in 1975 under Gough Whitlam. Hayden was born in Brisbane, Queensland. He attended Brisbane State High School and then joined the Queensland Police, working as a police officer for eight years while studying economics part-time at the University of Queensland. Hayden was elected to the House of Representatives at the 1961 federal election, aged 28 – along with Manfred Cross and Doug McClelland, Hayden is the earliest elected Labor MP still alive. When Gough Whitlam led the Labor Party to victory in 1972, he was made Minister for Social Security. He replaced Jim Cairns as Treasurer in 1975, but served for only five months before the go ...
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Australian Labor Party
The Australian Labor Party (ALP), also simply known as Labor, is the major centre-left political party in Australia, one of two major parties in Australian politics, along with the centre-right Liberal Party of Australia. The party forms the federal government since being elected in the 2022 election. The ALP is a federal party, with political branches in each state and territory. They are currently in government in Victoria, Queensland, Western Australia, South Australia, the Australian Capital Territory, and the Northern Territory. They are currently in opposition in New South Wales and Tasmania. It is the oldest political party in Australia, being established on 8 May 1901 at Parliament House, Melbourne, the meeting place of the first federal Parliament. The ALP was not founded as a federal party until after the first sitting of the Australian parliament in 1901. It is regarded as descended from labour parties founded in the various Australian colonies by the emerging la ...
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1980 Australian Federal Election
The 1980 Australian federal election was held in Australia on 18 October 1980. All 125 seats in the House of Representatives and 34 of the 64 seats in the Senate were up for election. The incumbent Liberal–NCP coalition government, led by Prime Minister Malcolm Fraser, was elected to a third term with a much reduced majority, defeating the opposition Labor Party led by Bill Hayden. This was the last federal election victory for the Coalition until the 1996 election. Future Prime Minister Bob Hawke and future opposition leader and future Deputy Prime Minister Kim Beazley entered parliament at this election. Issues and significance The Fraser Government had lost a degree of popularity within the electorate by 1980. The economy had been performing poorly since the 1973 oil shock. However, Hayden was not seen as having great electoral prospects. Perhaps as evidence of this, then ACTU President Bob Hawke (elected to Parliament in the election as the Member for Wills) and then P ...
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