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Section 43 Of The Constitution Of Australia
Section 43 of the Constitution of Australia prevents a person from being a member of both houses of the Parliament of Australia. Section 43 states: A member of either House of the Parliament shall be incapable of being chosen or of sitting as a member of the other House. Member of one House ineligible for other. In ''Sykes v Cleary'',. the High Court stated (in ''obiter'') that the words "shall be incapable of being chosen" must refer to the process of being chosen such that a member of one house must resign their seat before even contesting an election for the other house. There have been numerous people who have served in both the Senate and the House of Representatives, most notably John Gorton who was appointed Prime Minister, while still a member of the Australian Senate, following the disappearance of Harold Holt in December 1967. In accordance with section 43 of the Constitution, Gorton resigned his seat in the Senate to contest Holt's now vacant and ultra-safe seat of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sykes V Cleary
''Sykes v Cleary''.The Case Stated (by Dawson J), and then the individual judgments, are separately paragraph-numbered. was a significant decision of the High Court of Australia sitting as the Court of Disputed Returns on 25 November 1992. The case was a leading decision on Section 44 of the Constitution of Australia, dealing with both what constitutes an office of profit under the Crown and allegiance to a foreign power. The majority held that a teacher employed by the State of Victoria held an "office of profit under the Crown" within the meaning of s 44(iv) and so was "incapable of being chosen". A person who held dual citizenship was incapable of being chosen unless they had taken all reasonable steps to renounce the other citizenship. Background The former Labor Party Prime Minister Bob Hawke had resigned as the member for Wills in 1992. Independent candidate Phil Cleary was declared elected in the 1992 by-election; he had the highest first-preference vote, and an absolu ... [...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] |
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] |
Obiter
''Obiter dictum'' (usually used in the plural, ''obiter dicta'') is a Latin phrase meaning "other things said",''Black's Law Dictionary'', p. 967 (5th ed. 1979). that is, a remark in a legal opinion that is "said in passing" by any judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: ''ratio decidendi'' and ''obiter dicta''. For the purposes of judicial precedent, ''ratio decidendi'' is binding, whereas ''obiter dicta'' are persuasive only. Significance A judicial statement can be ''ratio decidendi'' only if it refers to the crucial facts and law of the case. Statements that are not crucial, or which refer to hypothetical facts or to unrelated law issues, are ''obiter dicta''. ''Obiter dicta'' (often simply ''dicta'', or ''obiter'') are remarks or observations made by a judge that, although included in the body of the court's opinion, do not form a necessary part of the court's decision. In a court opinion, ''obiter ... [...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] |
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] |
John Gorton
Sir John Grey Gorton (9 September 1911 – 19 May 2002) was an Australian politician who served as the nineteenth Prime Minister of Australia, in office from 1968 to 1971. He led the Liberal Party during that time, having previously been a long-serving government minister. Gorton was born out of wedlock and had a turbulent childhood. He studied at Brasenose College, Oxford, after finishing his secondary education at Geelong Grammar School, and then returned to Australia to take over his father's property in northern Victoria. Gorton enlisted in the Royal Australian Air Force in 1940, and served as a fighter pilot in Malaya and New Guinea during the Second World War. He suffered severe facial injuries in a crash landing on Bintan Island in 1942, and whilst being evacuated, his ship was torpedoed and sunk by a Japanese submarine. He returned to farming after being discharged in 1944, and was elected to the Kerang Shire Council in 1946; he later served a term as shire presid ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Disappearance Of Harold Holt
On 17 December 1967, Harold Holt, the Prime Minister of Australia, disappeared while swimming in the sea near Portsea, Victoria. An enormous search operation was mounted in and around Cheviot Beach, but his body was never recovered. Holt was presumed to have died, and his memorial service five days later was attended by many world leaders. It is generally agreed that his disappearance was a simple case of an accidental drowning, but a number of conspiracy theories surfaced, most famously the suggestion that he was a spy from the People's Republic of China and had been collected by a Chinese submarine. Holt was the third Australian prime minister to die in office, after Joseph Lyons in 1939 and John Curtin in 1945. He was initially replaced in a caretaker capacity by John McEwen, and then by John Gorton following a Liberal Party leadership election. Holt's death has entered Australian folklore, and was commemorated by, among other things, the Harold Holt Memorial Swimming Centre. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Harold Holt
Harold Edward Holt (5 August 190817 December 1967) was an Australian politician who served as the 17th prime minister of Australia from 1966 until his presumed death in 1967. He held office as leader of the Liberal Party. Holt was born in Sydney and moved to Melbourne in childhood, studying law at the University of Melbourne. Before entering politics he practised law and was a lobbyist for cinema operators. He was first elected to the House of Representatives at the age of 27, becoming a member of parliament (MP) for the division of Fawkner at a by-election in 1935. A member of the United Australia Party (UAP), Holt was made a minister without portfolio in 1939, when his mentor Robert Menzies became prime minister. His tenure in the ministry was interrupted by a brief stint in the Australian Army, which ended when he was recalled to cabinet following the deaths of three ministers in the 1940 Canberra air disaster. The government was defeated in 1941, sending the UAP into opp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Division Of Higgins
The Division of Higgins is an Australian Electoral Division in Victoria for the Australian House of Representatives. The division covers in Melbourne's inner south-eastern suburbs. The main suburbs include , , , , , , , , and ; along with parts of , and . Though historically a safe conservative seat, Higgins was won by the Liberal Party by a margin of just 3.9 percent over the Labor Party at the 2019 election, the closest result in the seat’s history. It then flipped to Labor in the 2022 election. In June 2021, the AEC announced that the electoral division would include the locality of Windsor at the following federal election, but that part of the suburb of Glen Iris and the suburb of Hughesdale would be transferred to the Division of Kooyong and Division of Hotham respectively. Higgins is a largely white-collar electorate. According to the 2016 census, 46.5% of electors hold a Bachelor's Degree, more than twice the national average. The current member for Higgins, si ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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