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Sovereign Immunity
Sovereign immunity, or crown immunity, is a legal doctrine whereby a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, strictly speaking in modern texts in its own courts. A similar, stronger rule as regards foreign courts is named state immunity. History Sovereign immunity is the original forebear of state immunity based on the classical concept of sovereignty in the sense that a sovereign could not be subjected without his or her approval to the jurisdiction of another. In constitutional monarchies, the sovereign is the historical origin of the authority which creates the courts. Thus the courts had no power to compel the sovereign to be bound by them as they were created by the sovereign for the protection of his or her subjects. This rule was commonly expressed by the popular legal maxim ''rex non potest peccare'', meaning "the king can do no wrong". Forms There are two forms of sovereign immunity: * immunity from suit ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State Immunity
The doctrine and rules of state immunity concern the protection which a state is given from being sued in the courts of other states. The rules relate to legal proceedings in the courts of another state, not in a state's own courts. The rules developed at a time when it was thought to be an infringement of a state's sovereignty to bring proceedings against it or its officials in a foreign country. There is now a trend in various states towards substantial exceptions to the rule of immunity; in particular, a state can be sued when the dispute arises from a commercial transaction entered into by a state or some other "non-sovereign activity" of a state. The United Nations Convention on Jurisdictional Immunities of States and their Property, which as of 2015 is not yet in force, would re-formulate and harmonise the rules and their exceptions. It does not cover criminal proceedings and it does not allow civil (e.g. financial) actions for human rights abuses against state agents where th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 109 Of The Constitution Of Australia
Section 109 of the Constitution of Australia is the part of the Constitution of Australia that deals with the legislative inconsistency between federal and state laws, and declares that valid federal laws override ("shall prevail") inconsistent state laws, to the extent of the inconsistency. Section 109 is analogous to the Supremacy Clause in the United States Constitution and the paramountcy doctrine in Canadian constitutional jurisprudence, and the jurisprudence in one jurisdiction is considered persuasive in the others. Text Section 109 of the Constitution of Australia provides that: Section 109, together with section 5 of the ''Commonwealth of Australia Constitution Act 1900'' (which is not part of the Australian Constitution) have been considered to be the foundation for the existence of the judicial review power in Australia. The section provides: "Invalidity of a State law" does not mean that the State law is invalid in the positivist sense that the State Parliament ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Monarchy In The Canadian Provinces
The monarchy of Canada forms the core of each Canadian provincial jurisdiction's Westminster-style parliamentary democracy, being the foundation of the executive, legislative, and judicial branches of government in each province. The monarchy has been headed since September 8, 2022 by King Charles III who as sovereign is shared equally with both the Commonwealth realms and the Canadian federal entity. He, his consort, and other members of the Canadian royal family undertake various public and private functions across the country. He is the only member of the royal family with any constitutional role. Royal Assent and the royal sign-manual are required to enact laws, letters patent, and Orders in Council. The Constitution Act, 1867, leaves the monarch's direct role in the provinces in question and many royal duties in these regions are specifically assigned to the sovereign's provincial viceroys, known as lieutenant governors, who are appointed by the King's federal represen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charles Fitzpatrick
Sir Charles Fitzpatrick (December 19, 1851 – June 17, 1942) was a Canadian lawyer and politician, who served as the fifth Chief Justice of Canada. He was born in Quebec City, Canada East, to John Fitzpatrick and Mary Connolly. He studied at Laval University, earning his B.A. degree (1873) and LL.B degree (1876), earning the Dufferin Silver Medal.History of the Administration of the Earl of Dufferin in Canada'' by William Leggo, Toronto: Lovell Printing and Publishing Company (1878), pg. 877 Called to the bar of Quebec in 1876, he established his practice in Quebec City and later founded the law firm of Fitzpatrick & Taschereau. In 1885, he acted as chief counsel to Louis Riel who was on trial for leading the North-West Rebellion. Riel was found guilty and sentenced to death. Fitzpatrick entered politics in 1890, winning election to the Quebec Legislative Assembly in Québec-Comté electoral district. He was re-elected in 1892, but resigned in June 1896 to enter feder ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crown Liability Act
A crown is a traditional form of head adornment, or hat, worn by monarchs as a symbol of their power and dignity. A crown is often, by extension, a symbol of the monarch's government or items endorsed by it. The word itself is used, particularly in Commonwealth countries, as an abstract name for the monarchy itself, as distinct from the individual who inhabits it (that is, ''The Crown''). A specific type of crown (or coronet for lower ranks of peerage) is employed in heraldry under strict rules. Indeed, some monarchies never had a physical crown, just a heraldic representation, as in the constitutional kingdom of Belgium, where no coronation ever took place; the royal installation is done by a solemn oath in parliament, wearing a military uniform: the King is not acknowledged as by divine right, but assumes the only hereditary public office in the service of the law; so he in turn will swear in all members of "his" federal government''. Variations * Costume headgear imitati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interpretation Act
Interpretation Act (with its variations) is a stock short title used for legislation in Australia, Canada, Hong Kong, Malaysia, New Zealand, the Republic of Ireland, Singapore and the United Kingdom relating to statutory interpretation, interpretation of legislation. The Bill for an Act with this short title will have been known as the Interpretation Bill during its passage through Parliament. Interpretation Acts may be a generic name either for legislation bearing that short title or for all legislation which relates to interpretation. List Australia ; Commonwealth *The Acts Interpretation Act 1901 ; States and territories * Interpretation Act 1967 (ACT) * Legislation Act 2001 (ACT) * Interpretation Act 1987 (NSW) * The Acts Interpretation Act 1931 (Tas.) * Interpretation of Legislation Act 1984 (Vic.) Canada *The Interpretation Act, 1985, Interpretation Act, RSC 1985, c I-21 Hong Kong *The General Clauses and Interpretation Ordinance, General Clauses and Interpretation Ordinanc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Monarchy Of Belgium
Belgium is a constitutional, hereditary, and popular monarchy. The monarch is titled king or queen of the Belgians ( nl, Koning(in) der Belgen, french: Roi / Reine des Belges}, german: König(in) der Belgier) and serves as the country's head of state. There have been seven kings since independence in 1830. The incumbent, Philippe, ascended the throne on 21 July 2013, following the abdication of his father Albert II. Origins When the Belgians became independent in 1830 the National Congress chose a constitutional monarchy as the form of government. The Congress voted on the question on 22 November 1830, supporting monarchy by 174 votes to 13. In February 1831, the Congress nominated Louis, Duke of Nemours, the son of the French king Louis-Philippe, but international considerations deterred Louis-Philippe from accepting the honor for his son. Following this refusal, the National Congress appointed Erasme-Louis, Baron Surlet de Chokier to be the Regent of Belgium o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of Belgium
The Constitution of Belgium ( nl, Belgische Grondwet, french: Constitution belge, german: Verfassung Belgiens) dates back to 1831. Since then Belgium has been a parliamentary monarchy that applies the principles of ministerial responsibility for the government policy and the Trias Politica. The most recent major change to the constitution was the introduction of the Court of Arbitration, whose competencies were expanded by a special law of 2003, to include Title II (Articles 8 to 32), and the Articles 170, 172 and 191 of the Constitution. The Court developed into a constitutional court; in May 2007 it was formally redesignated as the Constitutional Court. This court has the authority to examine whether a law or a decree is in compliance with Title II and Articles 170, 172 and 191. Historical aspects Origins and adoption The Belgian Constitution of 1831 was created in the aftermath of the secession of Belgium from the United Netherlands in the Belgian Revolution. After the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Competition And Consumer Commission V Baxter Healthcare
''Australian Competition and Consumer Commission v Baxter Healthcare Pty Ltd'',. (''Baxter'') was a decision of the High Court of Australia, which ruled on 29 August 2007 that Baxter Healthcare Proprietary Limited, a tenderer for various government contracts, was bound by the ''Trade Practices Act 1974'' (TPA, Australian legislation governing anti-competitive behaviour) in its trade and commerce in tendering for government contracts. More generally, the case concerned the principles of derivative governmental immunity: whether the immunity of a government from a statute extends to third parties that conduct business with the government. The High Court's judgment marked a successful appeal for the Australian Competition & Consumer Commission, the Australian regulator of anti-competitive conduct, having lost at first instance and on appeal in the Federal Court of Australia. The ACCC was again successful when the case was remitted to the Federal Court for reconsideration, ending ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bropho V State Of Western Australia
''Bropho v Western Australia'' was a decision of the High Court of Australia, which ruled on 20 June 1990 that Section 17 of the ''Aboriginal Heritage Act 1972'' of Western Australia bound the Crown in right of Western Australia. Background Legislation Section 17 of the ''Aboriginal Heritage Act 1972'' of Western Australia prohibited the destruction or damage of aboriginal sites except with the consent of the responsible state minister. The Act did not expressly say whether it bound the Crown, although the Act provided that it applied to "all places" in Western Australia. Facts The Western Australian Development Corporation, a statutory corporation of the Western Australian government, undertook works to redevelop the prominent Swan Brewery site in Perth. The site was owned by the State of Western Australia. Robert Bropho, an Indigenous Australian activist, applied to the Supreme Court of Western Australia for an injunction against the development, claiming it was ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Residential Tribunal Of New South Wales
{{Use dmy dates, date=May 2018 The Residential Tribunal of New South Wales was a tribunal which had jurisdiction to deal with tenancy disputes in New South Wales. It replaced the Residential Tenancies Tribunal of New South Wales (the former tribunal) on 1 March 1999. The tribunal was abolished and the Consumer, Trader and Tenancy Tribunal of New South Wales subsequently replaced the tribunal on 25 February 2002. History The former Tribunal was established under the Residential Tenancies Act 1987 (NSW) as the primary dispute resolution body for residential tenancies in New South Wales. Following a review of other tribunals under the portfolio of the Department of Fair Trading of New South Wales (such as the Commercial Tribunal, Consumer Claims Tribunal, Building Disputes Tribunal and the Motor Vehicle Repair Disputes Committee), as well as an internal review by the former tribunal, the former tribunal was abolished and replaced with this tribunal. The review concluded that the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Defence Force
The Australian Defence Force (ADF) is the military organisation responsible for the defence of the Commonwealth of Australia and its national interests. It consists of the Royal Australian Navy (RAN), Australian Army, Royal Australian Air Force (RAAF) and several "tri-service" units. The ADF has a strength of just over 85,000 full-time personnel and active reservists and is supported by the Department of Defence and several other civilian agencies. During the first decades of the 20th century, the Australian Government established the armed services as separate organisations. Each service had an independent chain of command. In 1976, the government made a strategic change and established the ADF to place the services under a single headquarters. Over time, the degree of integration has increased and tri-service headquarters, logistics, and training institutions have supplanted many single-service establishments. The ADF is technologically sophisticated but relatively small. Al ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
