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Saturday, April 25, 2020 | History

3 edition of Some aspects of Australian constitutional law found in the catalog.

Some aspects of Australian constitutional law

Windeyer, William John Victor Sir.

Some aspects of Australian constitutional law

J. A. Weir Memorial lecture

by Windeyer, William John Victor Sir.

  • 144 Want to read
  • 14 Currently reading

Published by University of Alberta, Institute of Law Research and Reform in [Edmonton, Alta .
Written in English

    Places:
  • Australia.
    • Subjects:
    • Constitutional law -- Australia,
    • Federal government -- Australia

    • Edition Notes

      Statementdelivered by Sir Victor Windeyer ... at Edmonton, on March 13, 14, 1972.
      Classifications
      LC ClassificationsLAW
      The Physical Object
      Pagination73 p.
      Number of Pages73
      ID Numbers
      Open LibraryOL5108261M
      LC Control Number74180692

      Arising under any laws made by the Parliaments: iii. Although these seem similar to excise duties, a series of High Court precedents had effectively "quarantined" such fees from disallowance in the areas of liquor retailing, tobacco retailing, and petrol distribution. In recent years, the Parliament has all but eliminated the possibility of appeal against many decisions in the area of migrationespecially in regard to applications for refugee status. Railway construction and extension in any State with the consent of that State: xxxv.

      Foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth: xxi. One of the more well-known of these protections is the community right to a democratically elected parliament, commonly thought of as a limited "right" to vote, which is discussed below. This role, however, is only formal such as the commissioning of officers and ceremonial; actual control of the armed forces rests with the government. The Governor-General must put the bill to a referendum between two and six months after it has been passed by the parliament.

      Particular attention has been paid to improving the accessibility of the book. Text trumps intention. These include: The convention that, when the Senator from a particular State vacates his or her position during the term of office, the State government Some aspects of Australian constitutional law book would nominate a replacement from the same political party as the departing Senator. The provisions of this Constitution referring to the Governor-General in Council shall be construed as referring to the Governor-General acting with the advice of the Federal Executive Council. But if either House passes any such proposed law by an absolute majority, and the other House rejects or fails to pass it, or passes it with any amendments to which the first-mentioned House will not agree, and if after an interval of three months the first-mentioned House in the same or the next session again passes the proposed law by an absolute majority with or without any amendment which has been made or agreed to by the other House, and such other House rejects or fails to pass it or passes it with any amendment to which the first-mentioned House will not agree, the Governor-General may submit the proposed law as last proposed by the first-mentioned House, and either with or without any amendments subsequently agreed to by both Houses, to the electors in each State and Territory qualified to vote for the election of the House of Representatives. Likewise, the creation of a national government that has certain limited, specified powers means the states have the rest.


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Some aspects of Australian constitutional law by Windeyer, William John Victor Sir. Download PDF Ebook

This excluded the Indigenous population from affecting the distribution between the States of seats in the House of Representatives section However, in contrast with the constitutions of other Commonwealth realms such as Canada which formally Some aspects of Australian constitutional law book extensive reserve powers to the Monarch,[ citation needed ] even the formal powers of the Queen of Australia are extremely limited, and most powers are only exercisable by the Governor-General.

So help me God! Section 81 prescribes that all Commonwealth revenue shall form the Consolidated Revenue Fund. The freedom was deemed to extend into the states and territories, on the basis that nationally there is a single sphere of political communication.

Constitutional case law from those jurisdictions is thus of interest to Australian lawyers, particularly that of India in recent years. The Governor-General in Council may cause writs to be issued for general elections of members of the House of Representatives. The Head of Government, the Prime Minister, is the leader of the political party that commands a majority in the House of Representatives the lower chamber in the Commonwealth Parliament, the Senate being the upper chamber.

Matters relating to any department of the public service the control of which is by this Constitution transferred to the Executive Government of the Commonwealth: iii.

Australian constitutional law

It is also extremely current; text is usually available within 24 hours. Major collections for New South Wales and Tasmania from the 18th and 19th centuries are already available, including a special collection that has made material available relating to the early 19th century coup against Governor Bligh of Bounty fameknown as the Rum Rebellion.

The text of bills, explanatory memoranda, all debates and the deliberations and reports of committees are available on the web sites of the various parliaments.

Such officers shall hold office during he pleasure of the Governor-General. As a result, the constitution is no longer read in a way which attempts to preserve the power of the states. A member of either House of Parliament shall be incapable of being chosen or of sitting as a member of the other House.

A deterrent to invoking it is, as the High Court has found, the uncertain meaning of "religion". Most of its members, however, have been English judges Some aspects of Australian constitutional law book the Privy Council has always applied English law.

Along with the grants power, it is the basis for the Medicare scheme of universal health insurance. Before or during any absence of the Speaker, the House of Representatives may choose a member to perform his duties in his absence. However, there has been fierce opposition, usually on the basis of the content of the preamble, as well as possible legal ramifications of this text.

Some Australian legislation is currently available via LexisNexis and Westlaw. If you do not have the Some aspects of Australian constitutional law book, or require an alternate cite, use one of the two online Some aspects of Australian constitutional law book case citators, Casebase LexisNexis or FirstPoint Thomson Reuters.

Note also the report on the removal of non-indigenous Australians, known as the Forgotten Generations. Questions arising in the House of Representatives shall be determined by a majority of votes other than that of the Speaker.

In the case of Tasmanian Dams Case[26] the High Court has upheld Commonwealth legislation forbidding the Tasmanian government from proceeding with a dam that would have submerged an area of Tasmanian government-owned land that had been declared a World Heritage Area under the World Heritage Convention to which Australia is a party.

Because of the long established superior position of the Privy Council which applied English law, and the fact that, in some cases, it could over-rule decisions of the High Court, it was difficult for Australian law to develop its own identity.

Section 1 provides that legislative power is vested in this Parliament, which has paramount power of governance. The Parliament may by any law with respect to trade or commerce forbid, as to railways, any preference or discrimination by any State, or by any authority constituted under a State, if such preference or discrimination is undue and unreasonable, or unjust to any State; due regard being had to the financial responsibilities incurred by any State in connection with the construction and maintenance of its railways.

Likewise, the creation of a national government that has certain limited, specified powers means the states have the rest. Commonwealth regulation is based on the interstate and international trade and commerce power. Marbury is one of the very first cases most students learn in constitutional law class.

Every law in force in a Colony which has become or becomes a State, and relating to any matter within the powers of the Parliament of the Commonwealth shall, subject to this Constitution, continue in force in the State; and, until provision is made in that behalf by the Parliament of the Commonwealth, the Parliament of the State shall have such powers of alteration and of repeal in respect of any such law as the Parliament of the Colony had until the Colony became a State.

Foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth: xxi. Again, text prevails over intention. A notable example of this line of jurisprudence was the High Court's disallowance of a Commonwealth Act which had the aim of nationalising the banking industry.Constitutional law provides the legal framework for the Australian political and legal systems, and thus touches almost every aspect of Australian life.

The Handbook offers a critical analysis of some of the most significant aspects of Australian constitutional arrangements, setting them against the historical, legal, political, and social contexts in which Australia's constitutional system. See also A I Clark, Studies In Australian Constitutional Law (2nd ed ) ; R R Garran, supra n 12, 1U For a list of authorities on each side of the debate see J File Size: 2MB.

Additional Physical Format: Online version: Kennedy, W.P.M. (William Paul McClure), Some aspects of Canadian and Australian federal constitutional law.THE CONSTITUTION ACT VERSUS THE CONSTITUTION OF Pdf COMMONWEALTH The Commonwealth of Australia Constitution Act [5] is an Act pdf the Parliament of the United Kingdom of Great Britain and Ireland.

The Act consists of a Preamble and 9 clauses; the 9 th clause contains The Constitution of The Commonwealth [6].The Constitution is that part of the Imperial Act comprehended .First, many constitutional scholars argue that any law that specifically criminalises the burning of the Australian flag will be invalid under the implied freedom.

Although the majority of this literature pre-dates both the McCloy restatement and the Victorian and Federal .Nor is it a ebook down’ version of a law school course in constitutional law. The book provides a wonderful summary of history of constitutonalism in England and her Australian colonies and the move towards Federation in Australia.

In particular the account .