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Section 92 Of The Constitution Of Australia
Section 92 of the Constitution of Australia, Trade within the Commonwealth to be free. as far as is still relevant today is: This provision has been the cornerstone of significant Australian constitutional jurisprudence, which has also been quite complex. As the High Court of Australia observed in ''Cole v Whitfield'': 20. The creation of a limitation where none was expressed and where no words of limitation were acceptable was a task which, having regard to the diverse and changing nature of inter-State trade, commerce and intercourse, was likely to produce a variety of propositions. And so it has. Sir Robert Garran contemplated that a student of the first fifty years of case law on s.92 might understandably "close( ) his notebook, sell( )his law books, and resolve( ) to take up some easy study, like nuclear physics or higher mathematics." ... Some thirty years on, the student who is confronted with the heightened confusion arising from the additional case law ending with ''M ... [...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] |
Robert Wright, Baron Wright
Robert Alderson Wright, Baron Wright, (15 October 1869 – 27 June 1964) was a British judge. A commercial barrister, he was a Justice of the High Court from 1925 to 1932, when he was directly promoted to the House of Lords as a law lord. Robert Stevens described him as "one of the few significant British appeal judges of the twentieth century." Early life and career Born in South Shields, Wright was educated at Trinity College, Cambridge, where he took a First and later held a prize fellowship. He was called to the bar in 1900 by the Inner Temple and practiced at the commercial bar, having joined the chambers of Thomas Edward Scrutton. He also lectured on industrial law at the London School of Economics. He took silk in 1917. At the 1923 General election, he stood as the Liberal candidate in the Darlington constituency. The Liberals, who had not contested the seat at the previous election, were not expected to win and he came last. He did not stand for Parliament again. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Government-owned Corporation
A state-owned enterprise (SOE) is a government entity which is established or nationalised by the ''national government'' or ''provincial government'' by an executive order or an act of legislation in order to earn profit for the government, control monopoly of the private sector entities, provide products and services to citizens at a lower price and for the achievement of overall financial goals & developmental objectives in a particular country. The national government or provincial government has majority ownership over these ''state owned enterprises''. These ''state owned enterprises'' are also known as public sector undertakings in some countries. Defining characteristics of SOEs are their distinct legal form and possession of financial goals & developmental objectives (e.g., a state railway company may aim to make transportation more accessible and earn profit for the government), SOEs are government entities established to pursue financial objectives and devel ... [...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] |
Commonwealth V Bank Of New South Wales
''Commonwealth v Bank of New South Wales'',; . was a Privy Council decision that affirmed the High Court of Australia's decision in ''Bank of New South Wales v Commonwealth'',. promoting the theory of "individual rights" to ensure freedom of interstate trade and commerce. The case dealt primarily with Section 92 of the Constitution of Australia. Trade within the Commonwealth to be free. Background After two strong election wins, the Australian Labor Party government of Ben Chifley announced in 1947 its intention to nationalise private banks in Australia. It achieved this process by passing the Banking Act 1947. The policy proved very controversial, and the Bank of New South Wales challenged the constitutional validity of the law. The High Court found specific provisions of the law were invalid and struck them down. The Commonwealth government decided to appeal the decision in the Privy Council and in doing so adopted a deliberate strategy of limiting the grounds of appeal to avo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bank Of NSW V Commonwealth
''Bank of New South Wales v The Commonwealth'', also known as the Bank Nationalisation Case, is a decision of the High Court of Australia. that dealt with the constitutional requirements for property to be acquired on "just terms",(xxxi) "The Parliament shall, subject to this Constitution, have power to make laws for ... the acquisition of property on just terms ...". and for interstate trade and commerce to be free. Trade within the Commonwealth to be free. The High Court applied an 'individual rights' theory to the freedom of interstate trade and commerce that lasted until 1988, when it was overturned in favour a 'free trade' interpretation in ''Cole v Whitfield''.. Background Comfortable in government after two strong election wins, the Labor government of Ben Chifley announced in 1947 its intention to nationalise private banks in Australia. To accomplish this goal the Parliament passed the '' Banking Act 1947''. Under the Act, shares in the private banks would be owned by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bank Of New South Wales V Commonwealth
''Bank of New South Wales v The Commonwealth'', also known as the Bank Nationalisation Case, is a decision of the High Court of Australia. that dealt with the constitutional requirements for property to be acquired on "just terms",(xxxi) "The Parliament shall, subject to this Constitution, have power to make laws for ... the acquisition of property on just terms ...". and for interstate trade and commerce to be free. Trade within the Commonwealth to be free. The High Court applied an 'individual rights' theory to the freedom of interstate trade and commerce that lasted until 1988, when it was overturned in favour a 'free trade' interpretation in ''Cole v Whitfield''.. Background Comfortable in government after two strong election wins, the Labor government of Ben Chifley announced in 1947 its intention to nationalise private banks in Australia. To accomplish this goal the Parliament passed the '' Banking Act 1947''. Under the Act, shares in the private banks would be owned by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justices
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial pa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edward McTiernan
Sir Edward Aloysius McTiernan, KBE (16 February 1892 – 9 January 1990), was an Australian lawyer, politician, and judge. He served on the High Court of Australia from 1930 to 1976, the longest-serving judge in the court's history. McTiernan was born in Glen Innes, New South Wales. He graduated from the University of Sydney in 1915, and was called to the bar the following year. McTiernan was elected to the New South Wales Legislative Assembly in 1920, representing the Labor Party, and was soon after appointed Attorney-General of New South Wales. He served as attorney-general under John Storey, James Dooley, and Jack Lang, but left state politics in 1927. McTiernan was elected to the House of Representatives in 1929, but served for little over a year before Prime Minister James Scullin nominated him to the High Court. He was 38 at the time; only H. V. Evatt (another Scullin nominee) was appointed at a younger age. On the court, McTiernan was considered a moderate, and was k ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 51(i) Of The Constitution Of Australia
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] |
Laissez-faire
''Laissez-faire'' ( ; from french: laissez faire , ) is an economic system in which transactions between private groups of people are free from any form of economic interventionism (such as subsidies) deriving from special interest groups. As a system of thought, ''laissez-faire'' rests on the following axioms: "the individual is the basic unit in society, i.e. the standard of measurement in social calculus; the individual has a natural right to freedom; and the physical order of nature is a harmonious and self-regulating system." Another basic principle of ''laissez-faire'' holds that markets should naturally be competitive, a rule that the early advocates of ''laissez-faire'' always emphasized. With the aims of maximizing freedom by allowing markets to self-regulate, early advocates of ''laissez-faire'' proposed a ''impôt unique'', a tax on land rent (similar to Georgism) to replace all taxes that they saw as damaging welfare by penalizing production. Proponents of ''l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
