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Section 122 Of The Constitution Of Australia
Section 122 of the Constitution of Australia deals with matters relating to the governance of Australian territories. It gives the Commonwealth Parliament complete legislative power over the territories. This power is called the ''territories power''. The extent and terms of the representation of the territories in the House of Representatives and the Senate are also stated as being at the discretion of the Commonwealth Parliament. The precise text of the section is: The Parliament may make laws for the government of any territory surrendered by any State to and accepted by the Commonwealth, or of any territory placed by the Queen under the authority of and accepted by the Commonwealth, or otherwise acquired by the Commonwealth, and may allow the representation of such territory in either House of the Parliament to the extent and on the terms which it thinks fit. Relationship with other provisions A court created for a Territory under the territories power is not a "court creat ... [...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] |
States And Territories Of Australia
The states and territories are federated administrative divisions in Australia, ruled by regional governments that constitute the second level of governance between the federal government and local governments. States are self-governing polities with incomplete sovereignty (having ceded some sovereign rights to federation) and have their own constitutions, legislatures, departments, and certain civil authorities (e.g. judiciary and law enforcement) that administer and deliver most public policies and programs. Territories can be autonomous and administer local policies and programs much like the states in practice, but are still constitutionally and financially subordinate to the federal government and thus have no true sovereignty. The Federation of Australia constitutionally consists of six federated states (New South Wales, Queensland, South Australia, Tasmania, Victoria, and Western Australia) and ten federal territories,Section 2B, Acts Interpretation Act 1901 out of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian House Of Representatives
The House of Representatives is the lower house of the bicameral Parliament of Australia, the upper house being the Senate. Its composition and powers are established in Chapter I of the Constitution of Australia. The term of members of the House of Representatives is a maximum of three years from the date of the first sitting of the House, but on only one occasion since Federation has the maximum term been reached. The House is almost always dissolved earlier, usually alone but sometimes in a double dissolution of both Houses. Elections for members of the House of Representatives are often held in conjunction with those for the Senate. A member of the House may be referred to as a "Member of Parliament" ("MP" or "Member"), while a member of the Senate is usually referred to as a "Senator". The government of the day and by extension the Prime Minister must achieve and maintain the confidence of this House in order to gain and remain in power. The House of Representatives c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Senate
The Senate is the upper house of the Bicameralism, bicameral Parliament of Australia, the lower house being the House of Representatives (Australia), House of Representatives. The composition and powers of the Senate are established in Chapter I of the Constitution of Australia. There are a total of 76 senators: 12 are elected from each of the six states and territories of Australia, Australian states regardless of population and 2 from each of the two autonomous internal states and territories of Australia, Australian territories (the Australian Capital Territory and the Northern Territory). Senators are popularly elected under the single transferable vote system of proportional representation. Unlike upper houses in other Westminster system, Westminster-style parliamentary systems, the Senate is vested with significant powers, including the capacity to reject all bills, including budget and appropriation bills, initiated by the government in the House of Representatives, maki ... [...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] |
Section 72 Of The Constitution Of Australia
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] |
Eminent Domain
Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Australia, Barbados, New Zealand, Ireland, United Kingdom), or expropriation (Argentina, Belgium, Brazil, Canada, Chile, Denmark, Finland, France, Germany, Greece, Italy, Mexico, Netherlands, Norway, Panama, Poland, Portugal, Russia, South Africa, Spain, Sweden, Serbia) is the power of a state, provincial, or national government to take private property for public use. It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose. This power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized by the legislature to exercise the functi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 51(xxxi)
Section 51(xxxi) is a subclause of section 51 of the Constitution of Australia. Legislative powers of the Parliament. It empowers the Commonwealth to make laws regarding the acquisition of property, but stipulates that such acquisitions must be on just terms. The terms is sometimes referred to in shorthand as the 'just terms' provision. Aside from its importance to Australian Constitutional Law, and Property Law; the section is notable for its role as a plot device in '' The Castle'', an iconic Australian film. Text Section 51(xxxi) reads: Jurisprudence While s51(xxxi) was adapted from the US Constitution's Fifth Amendment, it has many differences. The 'just terms' requirement has been held not to affect the State Parliaments. In ''Grace Bros Pty Ltd v The Commonwealth'' (1946), Justice Dixon stated that the inclusion of the condition was to "prevent arbitrary exercises of the power at the expense of a State or a subject.". The interpretation of the terms "acquis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Capital Territory (Self-Government) Act 1988
The Australian Capital Territory (Self-Government) Act 1988 is an Act of the Parliament of Australia enacted on 6 December 1988, that establishes ‘a body politic under the Crown by the name of the Australian Capital Territory’ and is the Territory's constitutional foundation. History The territory presently called the Australian Capital Territory was transferred to the Commonwealth by the state of New South Wales as the ''Federal Capital Territory'' on 1911, to be the seat of the federal government. The planning and construction of Canberra followed, with the Parliament of Australia moving there in 1927. In 1930, the ACT Advisory Council replaced the Federal Capital Commission, which had existed since 1925. The Council and the Minister for Territories administered the ACT. In 1934, the ACT Supreme Court was created. The Territory officially became the Australian Capital Territory in 1938. In 1974, the Advisory Council became a fully elected Legislative Assembly, but with ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Northern Territory (Self-Government) Act 1978
The ''Northern Territory (Self-Government) Act 1978'' is an Act of the Parliament of Australia that granted self-government to the Northern Territory. References {{reflist External links Northern Territory (Self-Government) Act 1978from AustLII The Australasian Legal Information Institute (AustLII) is an institution operated jointly by the Faculties of Law of the University of Technology Sydney and the University of New South Wales. Its public policy purpose is to improve access to just ... Acts of the Parliament of Australia Northern Territory Government 1978 in Australian law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
