|
Section 51(i) Of The Australian Constitution
Section 51(i) of the Australian Constitution enables the Parliament of Australia to make laws about: :Trade and commerce with other countries, and among the States; Legislative powers of the Parliament. The meaning of trade and commerce is clarified in section 98 of the Constitution which provides :The power of the Parliament to make laws with respect to trade and commerce extends to navigation and shipping, and to railways the property of any State. Trade and commerce includes navigation and State railways. Interpretation by the courts "Trade" and "commerce" have been broadly construed. The early case of ''W & A McArthur Ltd v Queensland'',. declared: "Trade and commerce" between different countrieswe leave out for the present the word "intercourse"has never been confined to the mere act of transportation of merchandise over the frontier. That the words include that act is, of course, a truism. But that they go far beyond it is a fact quite as undoubted. All the commercial ar ... [...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] |
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] |
Australian National Airways Pty Ltd V Commonwealth
''Australian National Airways Pty Ltd v Commonwealth (No 1)''. – most commonly known as ''Australian National Airways Pty Ltd v Commonwealth'' and also referred to as ''The Airlines Case'' or ''the ANA Case'' – was a High Court of Australia decision. The case dealt with limits of the powers of the Australian Federal Government under sections 51 and 92 of the Australian Constitution. The outcome of the case was that the Federal Government could found a federally owned airline, but it could not hinder private sector competition with that airline. Background In mid-1945, the Labor Federal Government of Prime Minister Ben Chifley introduced a bill into the House of Representatives that would have the effect of nationalising interstate Airlines in Australia. At the time, Australian National Airways ("ANA") was the dominant domestic carrier in Australia. After the bill received Royal Assent as the "Australian Airlines Act (1945)", it was immediately challenged by ANA in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murphyores Inc Pty Ltd V Commonwealth
''Murphyores Inc Pty Ltd v Commonwealth'',. was a case decided in the High Court of Australia regarding the scope of the trade and commerce power in section 51(i) of the Constitution. Background Section 112 of the ''Customs Act 1901'',. prohibited the exportation of mineral sands unless authorised by the Minister. Murphyores Inc Pty Ltd, which held leases from the state of Queensland to mine mineral sands on Fraser Island, sought permission from the Minister to export mineral sands. Such authorisation was withheld pending the outcome of an environmental inquiry. Murphyores challenged the constitutional validity of prohibition and sought an injunction to the study, and a declaration that the Minister cannot make a prohibition for environmental purposes. Decision In a unanimous decision, the court held the legislation was a valid exercise of the trade and commerce power. Section 51(i) was a non-purposive power, and the only relevant factor was the subject matter of trade and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Owen Dixon
Sir Owen Dixon (28 April 1886 – 7 July 1972) was an Australian judge and diplomat who served as the sixth Chief Justice of Australia. A judge of the High Court for thirty-five years, Dixon was one of the leading jurists in the English-speaking worldGraham Perkin â€Its Most Eminent Symbol Hidden by The Law (published in The Age on 23 September 1959) and is widely regarded as Australia's greatest-ever jurist. Education Dixon was born in Hawthorn in suburban Melbourne in 1886. His father, JW Dixon, was a barrister and subsequently a solicitor. He attended Hawthorn College and later the University of Melbourne, graduating with an Arts degree in 1907. During this time, he developed his lifelong love of the classics from his classical philology professor, Thomas George Tucker. He was also influenced by professor of law, William Harrison Moore. His B.A. became an M.A., as was the custom then, a year later upon the payment of a small fee. He then studied law at Melbourne Law Sc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Airlines Of New South Wales Pty Ltd V New South Wales (No 2)
''Airlines of New South Wales Pty Ltd v New South Wales (No 2)'',. was a High Court of Australia case about the validity of Commonwealth regulations about intrastate air navigation. Although the Commonwealth has the power to regulate interstate air navigation under s 51(i) of the Constitution, it can only regulate intrastate air navigation under the implied incidental power attached to that head of power. It was held that intrastate air navigation can be regulated to the extent that it provides for the safety of, or prevention of physical interference with, interstate or foreign air navigation. Background In October 1964 the ''Air Navigation Regulations'' (Cth),''Air Navigation Regulations'' 1947 (Cth). were amended to make them apply to intrastate air navigation b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Douglas Menzies
Sir Douglas Ian Menzies KBE (7 September 190729 November 1974) was an Australian judge, serving as a Justice of the High Court of Australia. He was also Chancellor of Monash University from 1968 until his death in 1974. Early life Menzies was born in Ballarat, Victoria, to Annie Wilson (née Copeland) and the Reverend Francis Menzies. He was a nephew of Hugh and James Menzies and a first cousin of Sir Robert Menzies. Menzies was educated at Hobart High School and Devonport High School in Tasmania, before returning to Victoria to study at the University of Melbourne. He graduated with a Master of Laws, having been awarded the Jessie Leggatt and E. J. B. Nunn Scholarships, and having won the Supreme Court of Victoria's Prize in Law. Legal career In 1930, Menzies was admitted to the Victorian Bar, where he practised as a barrister. From 1941 to 1945, he was secretary to the Defence Committee and Chiefs of Staff, and from 1941 to 1950 he was a lecturer at the University of M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Engineers Case
''Amalgamated Society of Engineers v Adelaide Steamship Co Ltd'', commonly known as the ''Engineers case'', . was a landmark decision by the High Court of Australia on 31 August 1920. The immediate issue concerned the Commonwealth's power under s51(xxxv) of the Constitution but the court did not confine itself to that question, using the opportunity to roam broadly over constitutional interpretation. Widely regarded as one of the most important cases ever decided by the High Court of Australia, it swept away the earlier doctrines of implied intergovernmental immunities and reserved state powers, thus paving the way for fundamental changes in the nature of federalism in Australia. Background Facts The ''Engineers case'' arose out of a claim lodged by the Amalgamated Society of Engineers against the Adelaide Steamship Company in the Commonwealth Court of Conciliation and Arbitration for an award relating to 844 employers across Australia. In Western Australia, the employers i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Redfern V Dunlop Rubber Australia Ltd
''Redfern v Dunlop Rubber Australia Ltd'', was a case decided in the High Court of Australia regarding the scope of the trade and commerce power in section 51(i) of the Constitution. Background The plaintiffs, Highway Tyre Service, Pakenham Tyre Service, and H.J. King Tyre Service ("Redfern") were three companies engaged in carrying on the business of buying, selling and dealing in motor and cycle tyres and tubes. The defendants consisted of five companies: Dunlop Rubber Australia Limited, B.F. Goodrich Australia Pty. Limited, The Olympic Tyre & Rubber Co. Proprietary Limited, Hardie Rubber Company Pty. Limited, and The Goodyear Tyre & Rubber Co. (Australia) Limited. These companies were all incorporated in the state of Victoria. The companies entered into a series of contracts between them, which contained terms to the effect of fixing the prices of goods for traders, and the terms on which the goods could be retailed. It was alleged that all of this was done in restraint o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly Justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the 'Privy Council', the Judicial Committee is only one cons ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commerce Clause
The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to Congress. It is common to see the individual components of the Commerce Clause referred to under specific terms: the Foreign Commerce Clause, the Interstate Commerce Clause, and the Indian Commerce Clause. Dispute exists within the courts as to the range of powers granted to Congress by the Commerce Clause. As noted below, it is often paired with the Necessary and Proper Clause, and the combination used to take a more broad, expansive perspective of these powers. During the Marshall Court era (1801–1835), interpretation of the Commerce Clause gave Congress jurisdiction ove ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 91(2) Of The Constitution Act, 1867
Section 91(2) of the ''Constitution Act, 1867'', also known as the trade and commerce power, grants the Parliament of Canada the authority to legislate on: The development of Canadian constitutional law has given this power characteristics that are unique from those that are specified in the United States Constitution's Commerce Clause and the Australian Constitution's interstate trade and commerce power. Initial jurisprudence First examined in ''Citizen's Insurance Co. v. Parsons'' (1881), Sir Montague Smith of the Judicial Committee of the Privy Council determined its scope thus: Therefore, ''Parsons'' establishes three basic propositions about the trade and commerce power that have underlined all subsequent jurisprudence: Initially the scope for extraprovincial trade was set very narrowly by the Privy Council. In the '' Board of Commerce case'', the Privy Council suggested that the trade and commerce power applied only as an ancillary power to some other valid federal p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
