Sue V Hill
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Sue V Hill
''Sue v Hill'' was an Australian court case decided in the High Court of Australia on 23 June 1999. It concerned a dispute over the apparent return of a candidate, Heather Hill, to the Australian Senate in the 1998 federal election. The result was challenged on the basis that Hill was a dual citizen of the United Kingdom and Australia, and that section 44(i) of the Constitution of Australia prevents any person who is the citizen of a "foreign power" from being elected to the Parliament of Australia. The High Court found that, at least for the purposes of section 44(i), the United Kingdom is a foreign power to Australia. Background Australian independence from the United Kingdom The degree to which Australia is and has been independent from the United Kingdom is a topic of much debate. The common view is that there has been an evolutionary process by which Australia has gained more and more independence. The 1926 Imperial Conference resulted in the ''Royal and Parliame ...
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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 ...
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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 ...
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Multiple Citizenship
Multiple/dual citizenship (or multiple/dual nationality) is a legal status in which a person is concurrently regarded as a national or citizen of more than one country under the laws of those countries. Conceptually, citizenship is focused on the internal political life of the country and nationality is a matter of international dealings. There is no international convention which determines the nationality or citizenship status of a person. This is defined exclusively by national laws, which can vary and conflict with each other. Multiple citizenship arises because different countries use different, and not necessarily mutually exclusive, criteria for citizenship. Colloquially, people may "hold" multiple citizenship but, technically, each nation makes a claim that a particular person is considered its national. A person holding multiple citizenship is, generally, entitled to the rights of citizenship in each country whose citizenship they are holding (such as right to a passpor ...
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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 ...
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Australia Act 1986
The Australia Act 1986 is the short title of each of a pair of separate but related pieces of legislation: one an Act of Parliament, Act of the Commonwealth (i.e. federal) Parliament of Australia, the other an Act of Parliament (UK), Act of the Parliament of the United Kingdom. In Australia they are referred to, respectively, as the Australia Act 1986 (Cth) and the Australia Act 1986 (UK). These nearly identical Acts were passed by the two parliaments, because of uncertainty as to whether the Commonwealth Parliament alone had the ultimate authority to do so. They were enacted using legislative powers conferred by enabling Acts passed by the parliaments of every Australian state. The Acts came into effect simultaneously, on 3 March 1986. According to the long title of the Australian act, its purpose was "to bring constitutional arrangements affecting the Commonwealth and the States to be brought into conformity with the status of the Commonwealth of Australia as a sovereign, i ...
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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 independence of the various self-governing Dominions of the British Empire. With its enactment, Westminster relinquished nearly all of its authority to legislate for the Dominions, effectively making them ''de jure'' sovereign nations. With the enactment of the Adoption Act, the British Parliament could no longer legislate for the Commonwealth without the express request and consent of the Australian Parliament. The act received Royal Assent on 9 October 1942, but the adoption of the Statute was made retroactive to 3 September 1939, when Australia entered World War II. The Act is more important for its symbolic value than for the legal effect of its provisions. While Australia's growing independence from the United Kingdom was well accepted, th ...
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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 ...
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Dominion
The term ''Dominion'' is used to refer to one of several self-governing nations of the British Empire. "Dominion status" was first accorded to Canada, Australia, New Zealand, Newfoundland, South Africa, and the Irish Free State at the 1926 Imperial Conference through the Balfour Declaration of 1926, recognising Great Britain and the Dominions as "autonomous within the British Empire, equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs, though united by a common allegiance to the Crown and freely associated as members of the British Commonwealth of Nations". Their full legislative independence was subsequently confirmed in the 1931 Statute of Westminster. Later India, Pakistan, and Ceylon (now Sri Lanka) also became dominions, for short periods of time. With the dissolution of the British Empire after World War II and the formation of the Commonwealth of Nations, it was decided that the term ''Commonwealth country'' shou ...
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Balfour Declaration 1926
The Balfour Declaration of 1926, issued by the 1926 Imperial Conference of British Empire leaders in London, was named after Arthur Balfour, who was Lord President of the Council. It declared the United Kingdom and the Dominions to be: The Inter-Imperial Relations Committee, chaired by Balfour, drew up the document preparatory to its unanimous approval by the imperial prime ministers on 15 November 1926. It was first proposed by South African Prime Minister J. B. M. Hertzog and Canadian Prime Minister William Lyon Mackenzie King. The Declaration accepted the growing political and diplomatic independence of the Dominions in the years after World War I. It also recommended that the governors-general, the representatives of the King in each dominion, should no longer also serve automatically as the representative of the British government in diplomatic relations between the countries. In following years, High Commissioners were gradually appointed, whose duties were soon re ...
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Royal And Parliamentary Titles Act 1927
Royal may refer to: People * Royal (name), a list of people with either the surname or given name * A member of a royal family Places United States * Royal, Arkansas, an unincorporated community * Royal, Illinois, a village * Royal, Iowa, a city * Royal, Missouri, an unincorporated community * Royal, Nebraska, a village * Royal, Franklin County, North Carolina, an unincorporated area * Royal, Utah, a ghost town * Royal, West Virginia, an unincorporated community * Royal Gorge, on the Arkansas River in Colorado * Royal Township (other) Elsewhere * Mount Royal, a hill in Montreal, Canada * Royal Canal, Dublin, Ireland * Royal National Park, New South Wales, Australia Arts, entertainment, and media * ''Royal'' (Jesse Royal album), a 2021 reggae album * ''The Royal'', a British medical drama television series * ''The Royal Magazine'', a monthly British literary magazine published between 1898 and 1939 * ''Royal'' (Indian magazine), a men's lifestyle bimonthly * Royal Te ...
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1926 Imperial Conference
The 1926 Imperial Conference was the fifth Imperial Conference bringing together the prime ministers of the Dominions of the British Empire. It was held in London from 19 October to 22 November 1926. The conference was notable for producing the Balfour Declaration, which established the principle that the dominions are all equal in status, and "autonomous communities within the British Empire" not subordinate to the United Kingdom. The term " Commonwealth" was officially adopted to describe the community. The conference was arranged to follow directly after the 1926 Assembly of the League of Nations (in Geneva, Switzerland), to reduce the amount of travelling required for the dominions' representatives. The conference created the Inter-Imperial Relations Committee, chaired by Arthur Balfour, to look into future constitutional arrangements for the Commonwealth. In the end, the committee rejected the idea of a codified constitution, as espoused by South Africa's former Prime Mini ...
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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 ...
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