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Section 51 Of The Australian Constitution
Section 51 of the Constitution of Australia enumerates the legislative powers granted to Federal Parliament by the Australian States at Federation. The list contains 39 subsections, each referred to as a 'head of power' under which the parliament is empowered to make laws. The section is not an exhaustive list, as the federal parliament is authorized to enact legislation outside of those topics by certain other sections in the Constitution, such as sections 52 and 128. Australian States may still enact legislation upon the topics in section 51; but Federal law prevails to the extent of any conflict of laws. Powers of the Parliament Federation was intended to address problems caused by having the separate colonies on the one continent. Section 51 therefore encompasses a group of powers (known as heads of power) which reflect what powers the Commonwealth was viewed as needing to solve those problems. The most important heads of power in terms of supporting contemporary Common ... [...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] |
Section 51(xxxi) Of The Australian Constitution
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] |
Fiscal Imbalance
Fiscal imbalance is a mismatch in the revenue powers and expenditure responsibilities of a government. In the literature on fiscal federalism, two types of fiscal imbalances are measured: Vertical Fiscal Imbalance and Horizontal Fiscal Imbalance. When the fiscal imbalance is measured between the two levels of government (Center and States or Provinces) it is called Vertical Fiscal Imbalance. When the fiscal imbalance is measured between the governments at the same level it is called Horizontal Fiscal imbalance. This imbalance is also known as regional disparity. While Horizontal Fiscal Imbalance requires equalization transfers, Vertical Fiscal Imbalance is a structural issue and thus needs to be corrected by reassignment of revenue and expenditure responsibilities between the two senior order of the governments. Horizontal Fiscal Imbalances as Differences in Net Fiscal Benefits A horizontal fiscal imbalance (HFI) emerges when sub-national governments have different abilities to r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anthony Mason (judge)
Sir Anthony Frank Mason HonFAIB DistFRSN (born 21 April 1925) is an Australian judge who served as the ninth Chief Justice of Australia, in office from 1987 to 1995. He was first appointed to the High Court of Australia, High Court in 1972, having previously served on the Supreme Court of New South Wales. Education Raised in Sydney, Mason was a student at Sydney Grammar School. During World War II, he served in the Royal Australian Air Force, holding the rank of Flying Officer. After the war, Mason studied at the University of Sydney, graduating with the degrees of Bachelor of Arts and Bachelor of Laws. Mason articled clerk, articled at Clayton Utz, where he met his wife, Patricia. Legal career Mason was admitted to the New South Wales Bar. For five years he lectured in law at the University of Sydney, his students including three future High Court Justices, Mary Gaudron, William Gummow and Dyson Heydon. In November 1964, aged 39, Mason was announced as the new Solicitor-G ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Burgess; Ex Parte Henry
''R v Burgess; Ex parte Henry'', is a High Court of Australia case where the majority took a broad view of the Section 51(xxix) of the Australian Constitution, external affairs power in the Constitution of Australia, Constitution but held that the Section 51(i) of the Australian Constitution, interstate trade and commerce power delineated trade and commerce within a state, rejecting an argument that the power extended to activities that were commingled with interstate activities. The court set aside a conviction for breach of the regulations as they went further than was necessary to carry out and give effect to the convention. Background In 1919 Australia had entered into the Paris Convention of 1919, ''Convention Relating to the Regulation of Aerial Navigation'', and parliament enacted the ''Aircraft Navigation Act'' 1920, which authorised the Governor-General to make regulations to give effect to the Convention. Henry was convicted of flying without a license, having flown ... [...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] |
Federal Council Of Australasia
The Federal Council of Australasia was a forerunner to the current Commonwealth of Australia, though its structure and members were different. The final (and successful) push for the Federal Council came at a "Convention" on 28 November 1883, which met in Sydney, and at which the six Australian colonies, New Zealand and Fiji were represented. The conference was called to debate the strategies needed to counter the activities of the German and French in New Guinea and in New Hebrides. Sir Samuel Griffith, the Premier of Queensland, drafted a bill to constitute the Federal Council. The Federal Council was a limited legislative body. It had powers to legislate directly upon certain matters, such as in relation to extradition, regulation of fisheries, patents of invention and discovery and copyright, and so on, but it did not have a permanent secretariat, executive powers, or any revenue of its own. The representatives considered that the formation of the Council was a constitutional ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliament Of The United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative supremacy and thereby ultimate power over all other political bodies in the UK and the overseas territories. Parliament is bicameral but has three parts, consisting of the sovereign ( King-in-Parliament), the House of Lords, and the House of Commons (the primary chamber). In theory, power is officially vested in the King-in-Parliament. However, the Crown normally acts on the advice of the prime minister, and the powers of the House of Lords are limited to only delaying legislation; thus power is ''de facto'' vested in the House of Commons. The House of Commons is an elected chamber with elections to 650 single-member constituencies held at least every five years under the first-past-the-post system. By constitutional convention, all governme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 51(xxxviii) Of The Constitution Of Australia
Section 51(xxxviii) of the Constitution of Australia was intended to give the states of Australia independence from the UK Parliament, as it authorised the Commonwealth Parliament to, with the consent of the relevant state parliament(s), do anything the UK Parliament could do on their behalf, including repeal British laws that applied to them.:164 Despite this, the Commonwealth itself remained subject to Imperial laws of paramount force,:165 until it finally evolved full legislative independence from the UK with the passage of the Statute of Westminster Adoption Act 1942 The Statute of Westminster Adoption Act 1942 is an act of the Australian Parliament that formally adopted sections 2–6 of the Statute of Westminster 1931, an Act of the Parliament of the United Kingdom enabling the total legislative independ ....:167 Reference list {{Constitution of Australia Australian constitutional law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 51(xxxvii) Of The Australian Constitution
Section 51(xxxvii) of the Constitution of Australia (also called the referral power) is a provision in the Australian Constitution which empowers the Australian Parliament to legislate on matters referred to it by any state. As Australia is a federation, both states and the Commonwealth have legislative power, and the Australian Constitution limits Commonwealth power (see Section 51 and Section 52). Section 51(xxxvii) allows for a degree of flexibility in the allocation of legislative powers. In practice, the referral power has been quite important in allowing the Commonwealth to enact legislation. Uncertainty Regarding the Scope of Section 51(xxxvii) Section 51(xxxvii) grants power regarding: :matters referred to the Parliament of the Commonwealth by the Parliament or Parliaments of any State or States, but so that the law shall extend only to States by whose Parliaments the matter is referred, or which afterwards adopt the law. Uncertain issues concern: *Revocability: whether ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Referendum, 1946 (Social Services)
The ''Constitution Alteration (Social Services) Bill 1946'', was a successful proposal to alter the Australian Constitution to give the Commonwealth power over a range of social services. The question was put to a referendum in the 1946 Australian referendum with two other (unrelated) questions. It was carried and inserted into section 51 of the Australian Constitution. Question ''Do you approve of the proposed law for the alteration of the Constitution entitled 'Constitution Alteration (Social Services) 1946'?'' Section 51 of the Australian Constitution grants the commonwealth legislative power. Prior to this amendment the only social services provision was s51(xxiii) that gave power to legislate for invalid and old-age pensions. The proposal was to introduce s51(xxiiiA), which reads:. (xxiiiA) the provision of maternity allowances, widows' pensions, child endowment, unemployment, pharmaceutical, sickness and hospital benefits, medical and dental services (but not so as to auth ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 51(xxvi) Of The Australian Constitution
Section 51(xxvi) of the Constitution of Australia,(xxvi). commonly called "the race power", is the subsection of Section 51 of the Constitution of Australia granting the Australian Commonwealth the power to make special laws for people of any race. As initially written, s 51(xxvi) empowered the Parliament to make laws with respect to: "The people of any race, ''other than the aboriginal race in any State'', for whom it is deemed necessary to make special laws". The Australian people voting at the 1967 referendum deleted the words in italics. Edmund Barton had argued in 1898 that s 51(xxvi) was necessary to enable the Commonwealth to "regulate the affairs of the people of coloured or inferior races who are in the Commonwealth". The section was intended to enable the Commonwealth to pass laws restricting such migrant labourers as the Chinese and Kanakas. Quick and Garran observed in 1901 that "It enables the Parliament to deal with the people of any alien race after they have ent ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
