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Australian Marriage Law Postal Survey
The Australian Marriage Law Postal Survey was a national survey designed to gauge support for legalising same-sex marriage in Australia. The survey was held via the postal service between 12 September and 7 November 2017. Unlike voting in elections and referendums, which is compulsory in Australia, responding to the survey was voluntary. A survey form, instructions, and a reply-paid envelope were mailed out by the Australian Bureau of Statistics (ABS) to every person on the federal electoral roll, asking the question "Should the law be changed to allow same-sex couples to marry?" The ABS outlined processes to ensure eligible Australians lacking access to post could participate. The survey returned 7,817,247 (61.6%) "Yes" responses and 4,873,987 (38.4%) "No" responses. An additional 36,686 (0.3%) responses were unclear and the total turnout was 12,727,920 (79.5%). Prior to the survey, the Liberal–National Coalition government had pledged to facilitate a private member ...
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Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, smaller islands. With an area of , Australia is the largest country by area in Oceania and the world's List of countries and dependencies by area, sixth-largest country. Australia is the oldest, flattest, and driest inhabited continent, with the least fertile soils. It is a Megadiverse countries, megadiverse country, and its size gives it a wide variety of landscapes and climates, with Deserts of Australia, deserts in the centre, tropical Forests of Australia, rainforests in the north-east, and List of mountains in Australia, mountain ranges in the south-east. The ancestors of Aboriginal Australians began arriving from south east Asia approximately Early human migrations#Nearby Oceania, 65,000 years ago, during the Last Glacial Period, last i ...
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Conscience Vote
A conscience vote or free vote is a type of vote in a legislative body where legislators are allowed to vote according to their own personal conscience rather than according to an official line set down by their political party. In a parliamentary system, especially within the Westminster system, it can also be used to indicate crossbench members of a hung parliament where confidence and supply is provided to allow formation of a minority government but the right to vote on conscience is retained. ''Free votes'' are found in Canadian and some British legislative bodies; ''conscience votes'' are used in Australian and New Zealand legislative bodies. Under the Westminster system, MPs who belong to a political party are usually required by that party to vote in accordance with the party line on significant legislation, on pain of censure or expulsion from the party. Sometimes a particular party member known as the party whip is responsible for maintaining this party discipline. ...
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Coalition (Australia)
The Liberal–National Coalition, commonly known simply as "the Coalition" or informally as the LNP, is an alliance of centre-right political parties that forms one of the two major groupings in Australian federal politics. The two partners in the Coalition are the Liberal Party of Australia and the National Party of Australia (the latter previously known as the Country Party and the National Country Party). Its main opponent is the Australian Labor Party (ALP); the two forces are often regarded as operating in a two-party system. The Coalition was last in government from the 2013 federal election, before being unsuccessful at re-election in the 2022 Australian federal election. The group is led by Peter Dutton, who succeeded Scott Morrison after the 2022 Australian federal election. The two parties in the Coalition have different voter bases, with the Liberals – the larger party – drawing most of their vote from urban areas and the Nationals operating almost exclusively i ...
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Malcolm Turnbull
Malcolm Bligh Turnbull (born 24 October 1954) is an Australian former politician and businessman who served as the 29th prime minister of Australia from 2015 to 2018. He held office as leader of the Liberal Party of Australia. Turnbull graduated from the University of Sydney as a Bachelor of Arts and a Bachelor of Laws, before attending Brasenose College, Oxford as a Rhodes Scholar, earning a Bachelor of Civil Law degree. For more than two decades, he worked as a journalist, lawyer, merchant banker, and venture capitalist. He served as Chair of the Australian Republican Movement from 1993 to 2000, and was one of the leaders of the unsuccessful "Yes" campaign in the 1999 republic referendum. He was first elected to the Australian House of Representatives as a member of parliament (MP) for the division of Wentworth in New South Wales at the 2004 election, and was Minister for the Environment and Water in the Howard government from January 2007 until December 2007. After ...
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2016 Australian Federal Election
The 2016 Australian federal election was a double dissolution election held on Saturday 2 July to elect all 226 members of the 45th Parliament of Australia, 45th Parliament of Australia, after an extended eight-week official campaign period. It was the first double dissolution election since the 1987 Australian federal election, 1987 election and the first under a new voting system for the Australian Senate, Senate that replaced group voting tickets in Australia, group voting tickets with optional preferential voting. In the 150-seat House of Representatives, the one-term incumbent Coalition government was reelected with a reduced 76 seats, marking the first time since 2004 Australian federal election, 2004 that a government had been reelected with an absolute majority. Labor picked up a significant number of previously government-held seats for a total of 69 seats, recovering much of what it had lost in its severe defeat of 2013 Australian federal election, 2013. On the crossbe ...
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De Facto
''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with ''de jure'' ("by law"), which refers to things that happen according to official law, regardless of whether the practice exists in reality. History In jurisprudence, it mainly means "practiced, but not necessarily defined by law" or "practiced or is valid, but not officially established". Basically, this expression is opposed to the concept of "de jure" (which means "as defined by law") when it comes to law, management or technology (such as standards) in the case of creation, development or application of "without" or "against" instructions, but in accordance with "with practice". When legal situations are discussed, "de jure" means "expressed by law", while "de facto" means action or what is practiced. Similar expressions: "essentially", "unofficial", "in ...
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Same-sex Marriage In Australia
Same-sex marriage in Australia has been legal since 9 December 2017. Legislation to allow same-sex marriage, the ''Marriage Amendment (Definition and Religious Freedoms) Act 2017'', passed the Australian Parliament on 7 December 2017 and received royal assent from the Governor-General the following day. The law came into effect on 9 December, immediately recognising overseas same-sex marriages. The first same-sex wedding under Australian law was held on 15 December 2017.In Australia, couples intending to marry must wait at least one month after signing a notice of intention to marry, meaning the first legal weddings were to take place from 9 January 2018. However, several same-sex couples successfully applied for an exemption from the waiting period. The passage of the law followed a voluntary postal survey of all Australians, in which 61.6% of respondents supported legalisation of same-sex marriage. Other types of recognition for same-sex couples are also available. Under fede ...
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Marriage Act
Marriage Act may refer to a number of pieces of legislation: Australia * Marriage Act 1961, Australia's law that governs legal marriage. * Marriage Amendment (Definition and Religious Freedoms) Act 2017 Canada * ''Civil Marriage Act'' passed in Canada explicitly permitting same-sex marriages. Hong Kong * Marriage Ordinance 1875 * Marriage Reform Ordinance 1970 India * Special Marriage Act, 1954 * Hindu Marriage Act, 1955 New Zealand * Marriage Act 1854, an early law in the colony governing marriage * Marriage Act 1955, the current Act * Marriage (Definition of Marriage) Amendment Act 2013 South Africa * Marriage Act, 1961, and its amending acts: ** Marriage Amendment Act, 1964 ** Marriage Amendment Act, 1968 ** Marriage Amendment Act, 1970 ** Marriage Amendment Act, 1972 ** Marriage Amendment Act, 1973 ** Marriage Amendment Act, 1981 * Recognition of Customary Marriages Act, 1998, which recognised marriages under African customary law * Civil Union Act, 2006, which ex ...
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Marriage Amendment Act 2004
The ''Marriage Act 1961'' (Cth) is an Act of the Parliament of Australia which regulates marriage in Australia. Since its passage in 1961, it has been amended on numerous occasions and applies uniformly throughout Australia (including its external territories); and any law made by a state or territory inconsistent with the Act is invalid. The Act was made pursuant to power granted to the federal parliament under s.51(xxi) of the Australian Constitution. Although the federal parliament was given the power to pass laws about marriage at federation in 1901, it did not use this power until the adoption of the Act, while before 1961, each Australian state and territory had its own marriage laws. The Act recognises only marriages of two people and does not recognise any other forms of union, including traditional Aboriginal unions. An amendment to the Act to legalise same-sex marriage passed into law on 8 December 2017. The ''Family Law Act 1975'' treats de facto relationships and ...
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Codification (law)
In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming a legal code, i.e. a codex (book) of law. Codification is one of the defining features of civil law jurisdictions. In common law systems, such as that of English law, codification is the process of converting and consolidating judge-made law or uncodified statutes enacted by the legislature into statute law. History Ancient Sumer's Code of Ur-Nammu was compiled ''circa'' 2050–1230 BC, and is the earliest known surviving civil code. Three centuries later, the Babylonian king Hammurabi enacted the set of laws named after him. Important codifications were developed in the ancient Roman Empire, with the compilations of the Lex Duodecim Tabularum and much later the Corpus Juris Civilis. These codified laws were the exceptions rather than the rule, however, as during much of ancient times Roman laws were left mostly uncodified. The firs ...
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Hyde V Hyde
''Hyde v Hyde'' is a landmark case of the English Court of Probate and Divorce. The case was heard 20 March 1866 before Lord Penzance, and established the common law definition of marriage. Facts of the case John Hyde, an English Mormon who had been ordained to the priesthood of the Church of Jesus Christ of Latter-day Saints (LDS Church), brought an action of divorce against his wife, Lavinia, for adultery. He had left the LDS Church and began to write and publish anti-Mormon material, a move that caused him to be excommunicated from the LDS Church. His wife left him, and subsequently remarried in Utah Territory, which was the basis for his suit for divorce. The court denied his petition on the grounds that the relationship he had entered into did not constitute a marriage under the law of England. Judgement Citing '' Warrender v. Warrender'', Lord Penzance found that institutions in foreign countries (including marriage) cannot be considered as valid under English law, ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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