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Australian Constitutional Law
Australian constitutional law is the area of the law of Australia relating to the interpretation and application of the Constitution of Australia. Several major doctrines of Australian constitutional law have developed. Background Constitutional law in the Commonwealth of Australia consists mostly of that body of doctrine which interprets the Commonwealth Constitution. The Constitution itself is embodied in clause 9 of the Commonwealth of Australia Constitution Act, which was passed by the British Parliament in 1900 after its text had been negotiated in Australian Constitutional Conventions in the 1890s and approved by the voters in each of the Australian colonies. The British government did, however, insist on one change to the text, to allow a greater range of appeals to the Privy Council in London. It came into force on 1 January 1901, at which time the Commonwealth of Australia came into being. The Constitution created a framework of government some of whose main features ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional History Of Australia
The Constitutional history of Australia is the history of Australia's foundational legal principles. Australia's legal origins as a nation state began in the colonial era, with its legal system reliant initially upon a legal fiction of terra nullius to impose British law upon the colony of New South Wales. As the colonies expanded, Australia gradually began to achieve de facto independence. Over the years as a result the foundations of the Australian legal system gradually began to shift. This culminated in the Australia Act, an act formally ending legal ties with the UK. Settlement & Terra Nullius Prior to European settlement of Australia, Europeans had been to the land merely as explorers. The only exception was James Cook who in 1770 sailed up most of the east coast of Australia and then claimed the entire coastline he had just explored as British territory. The basis of the claim is not clear, but it is clear that the indigenous peoples were not consulted and no treaty wa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. Federal tribunals in the United States, federal court cases, and over State court (United States), state court cases that involve a point of Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution of the United States, Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law ove ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Convention (political Custom)
A constitutional convention is an informal and uncodified tradition that is followed by the institutions of a state. In some states, notably those Commonwealth of Nations states that follow the Westminster system and whose political systems derive from British constitutional law, most government functions are guided by constitutional convention rather than by a formal written constitution. In these states, actual distribution of power may be markedly different from those the formal constitutional documents describe. In particular, the formal constitution often confers wide discretionary powers on the head of state that, in practice, are used only on the advice of the head of government, and in some cases not at all. Some constitutional conventions operate separately from or alongside written constitutions, such as in Canada since the country was formed with the enactment of the Constitution Act, 1867. In others, notably the United Kingdom, which lack a single overarching constitu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliamentary Library Of Australia
The Parliamentary Library of Australia (or Commonwealth Parliamentary Library) is the library of the Parliament of Australia, administered by its Department of Parliamentary Services. It provides library services to elected officials, namely members of the Senate and House of Representatives, as well as their staff, parliamentary committees, the Governor-General of Australia, and the staff of parliamentary departments. History The library was established in 1901, the year of the federation of the Commonwealth of Australia. Control of the new library was controversial as the fledgling parliament was located in Melbourne where the Victorian premier and the library committee of the State Library of Victoria sought to influence the control and management of the library. From 1923 the library used two names describing the two roles and two collections ''Commonwealth Parliament Library'' which designated the parliamentary collection and ''Commonwealth National Library'' to designate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Political Minister
A minister is a politician who heads a ministry, making and implementing decisions on policies in conjunction with the other ministers. In some jurisdictions the head of government is also a minister and is designated the ‘prime minister’, ‘premier’, ‘chief minister’, ‘chancellor’ or other title. In Commonwealth realm jurisdictions which use the Westminster system of government, ministers are usually required to be members of one of the houses of Parliament or legislature, and are usually from the political party that controls a majority in the lower house of the legislature. In other jurisdictions—such as Belgium, Mexico, Netherlands, Philippines, Slovenia, and Nigeria—the holder of a cabinet-level post or other government official is not permitted to be a member of the legislature. Depending on the administrative arrangements in each jurisdiction, ministers are usually heads of a government department and members of the government's ministry, cabinet and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Governor-General Of Australia
The governor-general of Australia is the representative of the monarch, currently King Charles III, in Australia.Governor-General of the Commonwealth of Australiaofficial website Retrieved 1 January 2015. The governor-general is appointed by the monarch on the recommendation of government ministers. The governor-general has formal presidency over the Federal Executive Council and is commander-in-chief of the Australian Defence Force. ... [...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] |
Queen Victoria
Victoria (Alexandrina Victoria; 24 May 1819 – 22 January 1901) was Queen of the United Kingdom of Great Britain and Ireland from 20 June 1837 until her death in 1901. Her reign of 63 years and 216 days was longer than that of any previous British monarch and is known as the Victorian era. It was a period of industrial, political, scientific, and military change within the United Kingdom, and was marked by a great expansion of the British Empire. In 1876, the British Parliament voted to grant her the additional title of Empress of India. Victoria was the daughter of Prince Edward, Duke of Kent and Strathearn (the fourth son of King George III), and Princess Victoria of Saxe-Coburg-Saalfeld. After the deaths of her father and grandfather in 1820, she was raised under close supervision by her mother and her comptroller, John Conroy. She inherited the throne aged 18 after her father's three elder brothers died without surviving legitimate issue. Victoria, a constituti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Head Of State
A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and legitimacy. Depending on the country's form of government and separation of powers, the head of state may be a ceremonial figurehead or concurrently the head of government and more (such as the president of the United States, who is also commander-in-chief of the United States Armed Forces). In a parliamentary system, such as the United Kingdom or India, the head of state usually has mostly ceremonial powers, with a separate head of government. However, in some parliamentary systems, like South Africa, there is an executive president that is both head of state and head of government. Likewise, in some parliamentary systems the head of state is not the head of government, but still has significant powers, for example Morocco. In contrast, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pape V Commissioner Of Taxation
''Pape v Commissioner of Taxation'' is an Australian court case concerning the constitutional validity of the ''Tax Bonus for Working Australians Act (No 2) 2009'' (Cth) which seeks to give one-off payments of up to $900 to Australian taxpayers.''Pape v Commissioner of Taxation''Judgement summaryat High Court of Australia Website. The decision of the High Court of Australia was announced on 3 April 2009, with reasons to follow later. The plaintiff in the case, Bryan Pape, was a law lecturer and barrister who represented himself before the Court. He challenged the legislation on the ground that the payments, said to be a tax bonus, were actually a gift and were not supported by the taxation power in the Constitution. The Commonwealth argued that the legislation was supported by all or any combination of the appropriations "power" under s 81 of the Constitution, the taxation power (s 51(ii)), the external affairs power (s 51(xxix)), the trade or commerce power (s 51(i)) and the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Christopher Horan KC and Paul Vout KC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Roshan Chaile * Ella Delany * Bora Kaplan * Rudi Kruse * James McComish * William Newland * Alistair Pound SC * Daniel Reynolds * Alexander Solomon-Bridge * Julia Wang * Michael Wells * Jillian Williams * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented on and cit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Communist Party V The Commonwealth
''Australian Communist Party v The Commonwealth'', also known as the ''Communist Party Case'',. was a legal case in the High Court of Australia in 1951 in which the court declared the Communist Party Dissolution Act 1950 unconstitutional and invalid as being beyond the power of the Parliament. Notable Australian academic George Winterton described the case as "undoubtedly one of the High Court's most important decisions." (1992) 18 Melbourne University Law Review 630. Background In the general election held on 10 December 1949, Prime Minister Robert Menzies led a Liberal- Country Party coalition to government pledged to dissolving the Communist Party of Australia. The party had been banned before: following the Molotov-Ribbentrop Pact, the party had opposed Australian involvement in the Second World War in 1939, which gave Menzies' United Australia Party-Country Party government the opportunity to dissolve it on 15 June 1940 under the ''National Security (Subversive Assoc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
