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Section 51(xxix) Of The Australian Constitution
Section 51(xxix) of the Australian Constitution is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament of Australia the right to legislate with respect to "external affairs". In recent years, most attention has focused on the use of the power to pass legislation giving effect within Australia to its obligations under international treaties and conventions. In some cases, as with human rights or environmental protection, the activities regulated by treaty-implementing legislation have not been international in nature but rather located solely within Australia or even solely within a particular State. In Australia, developments in international law have no direct effect for domestic purposes unless a deliberate law-making act by the proper law-making authority has "transformed" the international rule into a domestic rule. Origins According to Constitutional law academic Michael Coper, it is "not entirely clear what the founding fathe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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] |
New South Wales V Commonwealth (1975)
''New South Wales v Commonwealth'' may refer to a number of 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 fol ... cases: * ''New South Wales v Commonwealth'' (1908) 7 CLR 179 * ''New South Wales v Commonwealth'' (1915) 20 CLR 54, Wheat Case * ''New South Wales v Commonwealth'' (1932) 46 CLR 155, Garnishee Case No 1 * ''New South Wales v Commonwealth'' (1975) 135 CLR 337, Seas and Submerged Lands Case * ''New South Wales v Commonwealth'' (1983) 151 CLR 302, Hospital Benefits Fund Case * ''New South Wales v Commonwealth'' (1990) 169 CLR 482, Incorporation Case * ''New South Wales v Commonwealth'' (2006), WorkChoices Case {{Caselaw disambiguation High Court of Australia cases Australian constitutional law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Victoria V Commonwealth (1996)
''Victoria v Commonwealth'' may refer to a number of 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 fol ... cases: * ''Victoria v Commonwealth'' (1926) 38 CLR 399, the ''Federal Aid Roads Act'' case * ''Victoria v Commonwealth'' (1937) 58 CLR 618, the Kakariki/Shipwrecks case * ''Victoria v Commonwealth'' (1957) 99 CLR 575, the Second Uniform Tax case * ''Victoria v Commonwealth'' (1971) 122 CLR 353, the Payroll Tax case * ''Victoria v Commonwealth'' (1975) 134 CLR 81, the ''Petroleum and Minerals Authority Act'' case * ''Victoria v Commonwealth'' (1975) 134 CLR 338, the Australian Assistance Plan case * ''Victoria v Commonwealth'' (1996) 187 CLR 416, the ''Industrial Relations Act'' case {{Caselaw disambiguation Case law disambiguation pages High Court o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Richardson V Forestry Commission Of Tasmania
''Richardson v Forestry Commission of Tasmania''. is an Australian legal decision in which the High Court of Australia upheld a Commonwealth law providing interim protection of an area of Tasmanian wilderness while an inquiry assessed what parts of the wilderness should be listed for World Heritage protection. It implemented the constitutional external affairs power for environmental protection, the last time this part of the Australian Constitution was used was in 1983 Tasmanian Dams Case ''Commonwealth v Tasmania'' (popularly known as the ''Tasmanian Dam Case'') was a significant Australian court case, decided in the High Court of Australia on 1 July 1983. The case was a landmark decision in Australian constitutional law, an .... References External links * External affairs power in the Australian Constitution cases Forestry in Australia High Court of Australia cases Tasmanian forests 1988 in case law 1988 in Australian law 1988 in the environment< ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prosecute
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree, and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been admitted to the bar, or obtained a comparable qualification where available - such as solicitor advocates in England and Wales. They become involved in a criminal case once a suspect has been identified and charges need to be filed. They are employed by an office of the government, with safeguards in place to ensure such an office can successfully pursue th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Polyukhovich V Commonwealth
''Polyukhovich v The Commonwealth'' 991HCA 32; (1991) 172 CLR 501, commonly referred to as the ''War Crimes Act Case'', was a significant case decided in the High Court of Australia regarding the scope of the external affairs power in section 51(xxix) of the Constitution and the judicial power of the Commonwealth. Background Th''War Crimes Act 1945'' (Cth)provided that any person who committed a war crime between 1 September 1939 and 8 May 1945 was guilty of an indictable offence. Ivan Timofeyevich Polyukhovich had been charged under the Act with war crimes, alleged to have been committed between September 1942 and May 1943 in Ukraine while it was under German occupation in World War II. Polyukhovich's lawyers argued that the law was beyond the scope of Commonwealth legislative power in section 51(vi) (defence) and section 51(xxix) (external affairs) of the Constitution. He further argued that the attempt to make past criminal conduct an offence was an invalid attempt to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thomas V Mowbray
''Thomas v Mowbray'', was a decision handed of the High Court of Australia on 2 August 2007 concerning the constitutional validity of "interim control orders" under the Commonwealth ''Criminal Code''. The case was brought by Joseph Terrence Thomas (referred to as "Jihad" Jack Thomas by the media), where he sought to challenge the interim control order that had been placed on him by a Federal Magistrate. The High Court ruled, by a 5:2 majority, that interim control orders were constitutional. Background facts Thomas had been the first Australian to be convicted under anti-terrorism laws introduced in Australia after the 11 September 2001 attacks in the United States.Thomas convicted under terror laws |
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 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 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-General of Australia, with an accompanyi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Garfield Barwick
Sir Garfield Edward John Barwick, (22 June 190313 July 1997) was an Australian judge who was the seventh and longest serving Chief Justice of Australia, in office from 1964 to 1981. He had earlier been a Liberal Party of Australia, Liberal Party politician, serving as a minister in the Menzies government (1949–1966), Menzies government from 1958 to 1964. Barwick was born in Sydney, and attended Fort Street High School before going on to study law at the University of Sydney. He was call to the bar, called to the bar in 1927 and became one of Australia's most prominent barristers, appearing in many high-profile cases and frequently before the High Court of Australia, High Court. He served terms as president of the New South Wales Bar Association, NSW Bar Association and the Law Council of Australia. Barwick entered politics only at the age of 54, winning election to the Australian House of Representatives, House of Representatives at the 1958 Parramatta by-election. Prime Minis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, economic relations, and human rights. Scholars distinguish between international legal institutions on the basis of their obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognized by most national legal systems. Although international law may also be reflected in international comity—the practices adopted by states to maintain good relations and mut ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Relations
International relations (IR), sometimes referred to as international studies and international affairs, is the Scientific method, scientific study of interactions between sovereign states. In a broader sense, it concerns all activities between states—such as war, diplomacy, trade, and foreign policy—as well as relations with and among other international actors, such as Intergovernmental organization, intergovernmental organisations (IGOs), International non-governmental organization, international nongovernmental organisations (INGOs), International court, international legal bodies, and multinational corporations (MNCs). There are several School of thought, schools of thought within IR, of which the most prominent are Realism (international relations), realism, Liberalism (international relations), liberalism, and Constructivism (international relations), constructivism. International relations is widely classified as a major subdiscipline of political science, along wi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
