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Journal articles on the topic 'Commonwealth of Australia Constitution'

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Published: 4 June 2021

Last updated: 20 February 2023

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1

Lilienthal, Gary, and Nehaluddin Ahmad. "AUSTRALIAN ABORIGINAL HUMAN RIGHTS AND APPREHENDED BIAS: SKIRTING MAGNA CARTA PROTECTIONS?" Denning Law Journal 27 (November 16, 2015): 146–77. http://dx.doi.org/10.5750/dlj.v27i0.1104.

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The significance of this paper is in discussion of the wholesale obliteration of religious and other rights among Australian Aboriginal people, constituting a subspecies of continuing genocide. The Constitution of the Commonwealth of Australia states its directive on religion as follows.‘The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.’This constitutional section pr

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2

Saunders, Cheryl. "Australian Federalism and the Role of the Governor-General." International Journal of Legal Information 28, no. 2 (2000): 407–23. http://dx.doi.org/10.1017/s0731126500009185.

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Australia is both a federation and a constitutional monarchy. The Commonwealth of Australia Constitution Act 1900, which made the Australian Constitution law, refers to the establishment of the federation “under the Crown of the United Kingdom of Great Britain and Ireland.” In fact, however, since 1973, the appropriate style of the monarch in relation to Australia has been “Queen of Australia.” And ever since federation, the monarch has been represented in Australia by a Governor-General, who progressively has acquired a more significant role, in parallel with the acquisition of Australian ind

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3

Kelly, Danial. "Natural Resources Law in Australia: Principles and Practices." Jambe Law Journal 1, no. 2 (2019): 155–76. http://dx.doi.org/10.22437/jlj.1.2.155-176.

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What is the jurisprudential approach taken to Natural Resources Law in Australia? The ultimate source of law in Australia is Commonwealth of Australia Constitution Act however the Constitution does not specifically include an environment or natural resources power and the Commonwealth government can only make laws under the heads of power provided by the Constitution. This paper considers how natural resources law has developed as environmental protection law, especially the Environment Protection and Biodiversity Conservation Act. Also discussed is the approach taken by the Northern Territory

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4

Bond, Catherine. "Tobacco Plain Packaging in Australia: JT International v Commonwealth and Beyond." QUT Law Review 17, no. 2 (2017): 1. http://dx.doi.org/10.5204/qutlr.v17i2.702.

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For as long as plain packaging legislation had been floated as an option for tobacco products, tobacco companies had threatened legal action against such a regime. Those threats became action when, two tobacco companies separately commenced litigation in the High Court of Australia claiming that the Tobacco Plain Packaging Act 2011 (Cth) breached section 51(xxxi) of the Australian Constitution. Yet, the Act survived that challenge and remains in force to this day. This article reviews the introduction of the Act and subsequent challenge, and closely analyses the judgments comprising the decisi

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Gray, Anthony. "The Protection of Voting Equality in Australia." Federal Law Review 44, no. 3 (2016): 557–85. http://dx.doi.org/10.1177/0067205x1604400309.

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This paper argues that the High Court should accept that the Commonwealth Constitution embraces the concept of voter equality, such that systems of malapportionment may be liable to constitutional challenge. Specifically, it argues that ss 7 and 24 of the Constitution create a system of representative government and representative democracy which require that elections be free and fair, and that a malapportionment could potentially interfere with the system of representative democracy which the Constitution requires. Recent case law reinforces notions of equality in ss 7 and 24, which can be a

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6

Selway, Justice B. M. "The Constitutional Role of the Queen of Australia." Common Law World Review 32, no. 3 (2003): 248–74. http://dx.doi.org/10.1177/147377950303200302.

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When the Australian federation came into existence in 1901 the same King ruled throughout the British Empire. The Crown was indivisible. The Australian Commonwealth Constitution reflected that political and legal reality. That reality has undergone considerable change in the last century. The Empire no longer exists, although some of the former dominions and colonies remain monarchies. The Queen is now monarch of 15 separate and independent nations, including Australia. In so far as Australia is concerned, these developments raise a number of practical and constitutional issues. These issues r

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7

Rasnic, Carol Daugherty. "The Constitution of the Commonwealth of Australia." International Journal of Constitutional Law 14, no. 4 (2016): 1038–43. http://dx.doi.org/10.1093/icon/mow067.

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8

Hume, David, Andrew Lynch, and George Williams. "Heresy in the High Court? Federalism as a Constraint on Commonwealth Power." Federal Law Review 41, no. 1 (2013): 71–93. http://dx.doi.org/10.22145/flr.41.1.3.

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Williams v Commonwealth of Australia is a landmark decision of the High Court on the scope of federal executive power in s 61 of the Constitution. The decision is also important for the interpretive methodology adopted by the Court. Notably, each judge based their understanding of s 61 upon federal readings of the Constitution. This methodology raises fresh questions about how the Constitution is to be interpreted, and whether Williams marks a break from orthodox understandings of that task. This article assesses the significance of Williams for constitutional interpretation in Australia, and

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9

Jones, Timothy H. "Freedom of Political Communication in Australia." International and Comparative Law Quarterly 45, no. 2 (1996): 392–401. http://dx.doi.org/10.1017/s0020589300059042.

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In three important decisions,1 handed down on the same day in October 1994, the Australian High Court continued its exploration of the implied constitutional guarantee of freedom of political communication. Two years previously, in the judgments in Nationwide News Pty Ltd v. Wills2 and Australian Capital Television Pty Ltd v. The Commonwealth,3 a majority of the High Court had distilled an implication of freedom of political communication from the provisions and structure of the Australian Constitution.4 This was not an implication of freedom of expression generally, since it was derived from

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10

Cassidy, Julie. "Hollow Avowals of Human Rights Protection - Time for an Australian Federal Bill of Rights?" Deakin Law Review 13, no. 2 (2008): 131. http://dx.doi.org/10.21153/dlr2008vol13no2art162.

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<p>Unlike the constitutions of many nations, such as the United States of America and the Republic of South Africa, the constitutions of the Australian States and Territories and the Commonwealth Constitution Act 1901 (UK) contain no bill of rights. Australia is the only western democracy without a federal bill of rights. The debate regarding the need for a bill of rights necessitates an understanding of what human rights the people of Australia already enjoy. If sufficient protection can be found in existing sources, does Australia really need a federal bill of rights? Opponents of a bi

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11

Gageler, Stephen. "James Bryce and the Australian Constitution." Federal Law Review 43, no. 2 (2015): 177–200. http://dx.doi.org/10.22145/flr.43.2.1.

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James Bryce was a contemporary of Albert Venn Dicey. Bryce published in 1888 The American Commonwealth. Its detailed description of the practical operation of the United States Constitution was influential in the framing of the Australian Constitution in the 1890s. The project of this article is to shed light on that influence. The article compares and contrasts the views of Bryce and of Dicey; Bryce's views, unlike those of Dicey, having been largely unexplored in contemporary analyses of our constitutional development. It examines the importance of Bryce's views on two particular constitutio

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Voytovich, E. A. "Constitutional and legal bases for the formation of the Senate of the Australian Commonwealth." Journal of Law and Administration 16, no. 1 (2020): 36–41. http://dx.doi.org/10.24833/2073-8420-2020-1-54-36-41.

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Introduction. The article is devoted to the organizational and legal issues of formation of the Senate of the Commonwealth of Australia. The author analyses the foundations of the constitutional regulation of the formation of the Senate. Now there are no works exploring in detail the manner the Senate of the Australian Commonwealth is formed.Materials and Methods. To create the article, the author used the works of Australian scholars in the field of constitutional law, as well as a number of legal acts regulating the issues addressed in the article. The methodology of the study was based on g

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M Sakr, Johnny, and Augusto Zimmermann. "Judicial Activism and Constitutional (Mis) Interpretation." University of Queensland Law Journal 40, no. 1 (2021): 119–48. http://dx.doi.org/10.38127/uqlj.v40i1.5643.

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In this article, the authors explore the concept of judicial activism and its application in the Australian domestic cases of Australian Capital Television Pty Ltd v Commonwealth and Love v Commonwealth, and in the US case of Obergefell v Hodges. The article highlights the devastating effects of judicial activism on legal interpretation, arguing that such activism compromises the doctrine of separation of powers and affects the realisation of the rule of law, resulting in a method ofinterpretation that incorporates personal biases and political opinion, thus ignoring the original intent of the

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14

Holloway, Ian. "Sir Francis Forbes and the Earliest Australian Public Law Cases." Law and History Review 22, no. 2 (2004): 209–42. http://dx.doi.org/10.2307/4141646.

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There is, among many students of Australian law, a tendency to regard the establishment of constitutional government in Australia in positivistic terms: as a result of the passage of the New South Wales Act in 1823, or of the Australian Courts Act in 1828, or of the Australian Constitution Acts of 1842 and 1850, or even of the Commonwealth of Australia Constitution Act in 1900. This is understandable, for, as Sir Victor Windeyer once put it, there was in the foundation of European society on these islands no element whatever of a social contract. Rather, the move to populate the Australian ter

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15

Guy, Scott, and Barbara Ann Hocking. "Why Military Matters: Re Colonel Arid; Ex parte Alpert and the 'Service Connection' Test versus the 'Service Status' Test: Competing Approaches to the Triggering of the Defence Power." Deakin Law Review 13, no. 2 (2008): 177. http://dx.doi.org/10.21153/dlr2008vol13no2art163.

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<p>With political changes afoot in both Australia and the United States, it is timely to review military regimes and remind ourselves how greatly they matter. Section 51(vi) of the Constitution authorises the Commonwealth Parliament to legislate with respect to: ‘The naval and military defence of<br />the Commonwealth and of the several States and the control of the forces to execute and maintain the laws of the Commonwealth…’ One of the concerns in relation to s 51(vi) has been whether this provision supports the establishment of military tribunals and, further, whether these trib

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16

Kirby CMG, Michael J. "THE HIGH COURT OF AUSTRALIA AND THE SUPREME COURT OF THE UNITED STATES - A CENTENARY REFLECTION." Denning Law Journal 16, no. 1 (2012): 45–78. http://dx.doi.org/10.5750/dlj.v16i1.300.

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In October 2003 in Melbourne, the High Court of Australia celebrated the centenary of its first sitting. According to the Australian Constitution, it is the “Federal Supreme Court” of the Australian Commonwealth.1 Although the Constitution envisaged the establishment of the High Court, the first sitting of the new court did not take place until a statute had provided for the court and the appointment of its first Justices. They took their seats in a ceremony held in the Banco Court in the Supreme Court of Victoria on 6 October 1903. Exactly a century later, the present Justices assembled in th

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17

Ng, Yee-Fui. "Political Constitutionalism: Individual Responsibility and Collective Restraint." Federal Law Review 48, no. 4 (2020): 455–68. http://dx.doi.org/10.1177/0067205x20955100.

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Australia’s Constitution has been shaped by a blend of legal and political constitutionalism; yet there is limited attention given to political mechanisms of control in Australia. With the recent developments in the United Kingdom and the turmoil of Brexit that shifted the balance between legal and political constitutionalism, it is timely to examine how political constitutionalism has evolved in Australia. This article argues that Australian political constitutionalism is distinct from the United Kingdom as it is shaped not by internal conflict about the nature of the constitution but rather

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Burton, Lisa. "Why These Three? the Significance of the Selection of Remedies in Section 75(V) of the Australian Constitution." Federal Law Review 42, no. 2 (2014): 253–77. http://dx.doi.org/10.22145/flr.42.2.2.

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Section 75(v) of the Australian Constitution gives the High Court original jurisdiction to hear ‘all matters … in which a writ of Mandamus or prohibition or an injunction is sought against an officer of the Commonwealth.’ This is said to guarantee the Court's ability to ensure that officers of the Commonwealth act within the law. Yet the s 75(v) jurisdiction is clearly limited. The Court is not authorised to hear all matters in which it is alleged that an officer of the Commonwealth has acted unlawfully; it is only given jurisdiction to hear matters in which a (somewhat surprising) selection o

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19

Stephenson, Peta. "Fertile Ground for Federalism? Internal Security, the States and Section 119 of the Constitution." Federal Law Review 43, no. 2 (2015): 289–312. http://dx.doi.org/10.22145/flr.43.2.5.

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Section 119 of the Australian Constitution confers a duty on the Commonwealth to protect the states against invasion. It also directs the Commonwealth to protect the states against domestic violence when an application is made by a state government. This article contends that there are compelling reasons to construe this second limb of s 119 as a federal constraint on the power of the Commonwealth to call out the military domestically. This interpretation of s 119 is consistent with the plain meaning and constitutional context of the provision and it coheres well with the High Court's revival

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20

Olivier, Eliot. "Proroguing the Parliament of Australia: The Effect on the Senate and the Conventions that Constrain the Prerogative Power." Federal Law Review 40, no. 1 (2012): 69–88. http://dx.doi.org/10.22145/flr.40.1.3.

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Political controversies in New South Wales and Canada recently have focused public attention on the constitutional practice of proroguing parliament. They have also shone a light on two lingering areas of uncertainty that surround its operation under the Commonwealth Constitution. This article seeks to clarify these two muddy areas of the law concerning prorogation. The first is the effect of prorogation on the Senate and its committees. Since Federation, the Senate has purported to authorise its committees to continue to function notwithstanding a prorogation of the Parliament. However, it is

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21

McConvill, James, and Darryl Smith. "Interpretation and Cooperative Federalism: Bond v R from a Constitutional Perspective." Federal Law Review 29, no. 1 (2001): 75–94. http://dx.doi.org/10.1177/0067205x0102900104.

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[C]o-operative federalism is not a constitutional term. It is a political slogan, not a criterion of constitutional validity or power. … Where constitutional power does not exist, no cry of co-operative federalism can supply it. If the object lies outside the reach or the effect of what a State or the Common-wealth can constitutionally do, the subject matter is beyond the reach of the legislature. 1 1 Re Wakim; Ex parte McNally (1999) 198 CLR 511 (‘Re Wakim’) at 556 per McHugh J. See also McHugh J's pertinent comment in McGinty v Western Australia (1996) 186 CLR 140 at 231-32: “After the decis

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22

Gageler, Stephen. "Sir Robert Garran: Medio Tutissimus Ibis." Federal Law Review 46, no. 1 (2018): 1–17. http://dx.doi.org/10.22145/flr.46.1.1.

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Sir Robert Randolph Garran (10 February 1867-11 January 1957) played a unique role in the early development of the Commonwealth. As Secretary to the Drafting Committee of the Australasian Federal Convention of 1897 and 1898, he was intimately involved in the process by which the Australian Constitution was produced. As Secretary of the Attorney-General's Department from 1901 to 1932, he was responsible for drafting foundational Commonwealth legislation and he played a key part in establishing coherent interpretations of the Constitution in advice to successive Federal Governments. Three aspect

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23

WILLIAMS, GEORGE. "THE CONSTITUTION AND A NATIONAL INDUSTRIAL RELATIONS REGIME." Deakin Law Review 10, no. 2 (2005): 498. http://dx.doi.org/10.21153/dlr2005vol10no2art289.

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<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>[</span><span>The federal Government is proposing to bring about a single national scheme for the regulation of industrial relations in Australia. This will raise a number of important constitutional questions that may need to be resolved by the High Court. These questions as examined in this article are: could a single national law for the regulation of industrial relations be passed under a head of Commonwealth power (in particular, under the Commonwealth's powers o

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Fleay, Jesse John, and Barry Judd. "The Uluru statement." International Journal of Critical Indigenous Studies 12, no. 1 (2019): 1–14. http://dx.doi.org/10.5204/ijcis.v12i1.532.

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From every State and Territory of Australia, including the islands of the Torres Strait over 200 delegates gathered at the 2017 First Nations National Constitutional Convention in Uluru, which has stood on Anangu Pitjantjatjara country in the Northern Territory since time immemorial, to discuss the issue of constitutional recognition. Delegates agreed that tokenistic recognition would not be enough, and that recognition bearing legal substance must stand, with the possibility to make multiple treaties between Aboriginal peoples and Torres Strait Islanders and the Commonwealth Government of Aus

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Morris, Caroline. "Book Review: The Constitution of Independence." Victoria University of Wellington Law Review 36, no. 3 (2005): 669. http://dx.doi.org/10.26686/vuwlr.v36i3.5612.

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This article is a book review of Peter C Oliver The Constitution of Independence: The Development of Constitutional Theory in Australia, Canada, and New Zealand (Oxford University Press, Oxford, 2005) (367 + xx pages). The book is a contribution to the area of domestic constitutional law of the Commonwealth. Oliver addresses the question: are the former colonies of Britain ever truly independent, or is that independence illusory? He also asks how such colonies seek to understand and explain their constitutional history. Morris argues that the book had a great deal of potential but has been lef

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Manin, Iaroslav. "Legal regime of subsoil use in Australia." Административное и муниципальное право, no. 2 (February 2021): 54–68. http://dx.doi.org/10.7256/2454-0595.2021.2.34270.

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The subject of this research is the Australian federal and regional normative legal acts that regulate subsoil use. The object is public relations in the sphere of land turnover, subsurface and natural resource management in the Commonwealth of Australia. The author describes the system and structure of normative legal regulation, as well as subsoil use in Australia. The work contains a list of sources of the Australian natural resources law; analysis of their content is carried out. Special attention is given to the legal regime of exploitation of subsoil resources of the continental shelf of

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Lee, David. "Labor, the External Affairs Power and the Rights of Aborigines." Labour History 120, no. 1 (2021): 49–68. http://dx.doi.org/10.3828/jlh.2021.4.

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The Australian Constitution gave the Commonwealth not a “treaty power” but a vague power over “external affairs,” the precise meaning of which was elusive for most of the twentieth century. From the 1930s, Labor judges and politicians such as H. V. Evatt saw its potential to extend Commonwealth power by legislating international agreements throughout Australia. The non-Labor parties rejected the idea of using the “external affairs” power to legislate in areas formerly the responsibility of the states but the federal Labor Party continued in the Evatt tradition. After significant uncertainties,

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Hartford Davis, Sebastian Howard. "The Legal Personality of the Commonwealth of Australia." Federal Law Review 47, no. 1 (2019): 3–30. http://dx.doi.org/10.1177/0067205x18816236.

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The article analyses legal materials concerning the legal personality of the Commonwealth of Australia under domestic law. It argues that the Commonwealth as legal person has an existence, as a unit of the legal system, which is conceptually distinct from the Commonwealth of Australia as a nation, and the Commonwealth as federal government of that nation. Current idioms (eg ‘polity’ and ‘body politic’) have a tendency to confuse these distinctions. The article suggests, as a more appropriate way to denote the Commonwealth as legal person, the term ‘constitutional person’.

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Harris, Bede Xavier, and Elizabeth Pearl Harris. "Interfering Busybody or Public-Minded Citizen? The Actio Popularis as a Model for Reform of the Rules of Standing in Constitutional Cases in Australia." Journal of Politics and Law 11, no. 1 (2018): 62. http://dx.doi.org/10.5539/jpl.v11n1p62.

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The interpretation given by the courts to the word ‘matter’ in sections 75 and 76 of the Commonwealth of Australia Constitution, and the restrictive approach taken by the courts to what amounts to a sufficient interest in a matter, have led to the consequence that only litigants who can demonstrate a personal interest can bring an action to challenge a breach of the Constitution. This provides insufficient protection for constitutionalism because it means that the enforcement of the Constitution is contingent on there being a self-interested applicant who will bring an action – and, conversely

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Malagodi, Mara, Luke McDonagh, and Thomas Poole. "New Dominion constitutionalism at the twilight of the British Empire: An introduction." International Journal of Constitutional Law 17, no. 4 (2019): 1166–72. http://dx.doi.org/10.1093/icon/moz082.

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Abstract This introduction to the symposium on New Dominion constitutionalism sketches the legal configuration of New Dominion status and the intellectual context from which it emerged. Dominionhood originally represented a halfway house between colonial dependence and postcolonial independence, as developed in Canada, Australia, New Zealand, and South Africa. By contrast, New Dominion constitutionalism refers to the transitional constitutional form developed after World War I in Ireland (1922–1937)—the “Bridge Dominion”—and the post-World War II “New” Dominions of India (1947–1950), Pakistan

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31

Ludeke, J. T. "The External Affairs Power: Another Province for Law and Order?" Journal of Industrial Relations 35, no. 3 (1993): 453–67. http://dx.doi.org/10.1177/002218569303500306.

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Although there was some surprise when the prime minister announced that the government would legislate to give effect to certain conventions of the International Labour Organisation, the way has been open to take this initiative for many years. The possibility of relying on the external affairs power in the Constitution to invoke the conventions, and thereby regulate labour conditions, was first canvassed in the High Court in 1936. Since 1982, there has been a series of cases involving Common wealth legislation founded on conventions to which Australia is party and it is now well established t

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Timo, Nils. "Future directions for workplace bargaining and aged care under a post 2005 Howard government." Australian Health Review 29, no. 3 (2005): 274. http://dx.doi.org/10.1071/ah050274.

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ON THE 1ST OF JULY 2005, the Howard Government took control of both the House of Representatives and the Senate and substantial reform of the nation?s industrial relations framework is likely to proceed. In order to understand the implications of the proposed industrial relations (IR) reform agenda on aged care, it is necessary to briefly revisit the past. Historically, the ability of the Commonwealth Parliament to regulate industrial relations was construed in the context of Section 51 (xxxv) of the Australian Constitution Act 1900 (Cwlth) that enabled the Commonwealth to make laws concerning

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Blackham, Alysia, and George Williams. "The Appointment of Ministers from outside of Parliament." Federal Law Review 40, no. 2 (2012): 253–85. http://dx.doi.org/10.22145/flr.40.2.6.

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Members of the executive in Australia and other Westminster nations are traditionally appointed only from the ranks of parliamentarians, ostensibly to protect the principle of responsible government. However, there is a growing international trend in nations such as the United Kingdom for the appointment of ministers from outside of Parliament. This article examines the extent to which Australia's constitutional system can accommodate unelected members of a Commonwealth, State or Territory executive. This question is analysed from the perspective of the principle of responsible government and

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Saunders, Benjamin B. "Responsible Government, Statutory Authorities and the Australian Constitution." Federal Law Review 48, no. 1 (2019): 4–29. http://dx.doi.org/10.1177/0067205x19890445.

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This article examines the compatibility of extra-departmental executive agencies, a defining feature of the modern regulatory state, with responsible government, one of the architectonic principles of the Australian Constitution. Some scholars have argued that a constitutional implication derived from responsible government should be drawn limiting the types of entities that may be established by the Commonwealth and imposing requirements relating to the relationship that must exist between ministers and entities within their portfolio. This article argues that the view that independent statut

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Reid, P. C. "RECENT CHANGES TO AUSTRALIA'S OFFSHORE PETROLEUM REGIME." APPEA Journal 26, no. 1 (1986): 102. http://dx.doi.org/10.1071/aj85011.

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Australia's offshore petroleum legislation is the product of a constitutional compromise enshrined in the Offshore Constitutional Settlement of 1979 between the Commonwealth and the States. Whilst it is current Federal Australian Labor Party policy to dismantle the Offshore Constitutional Settlement and re-assert exclusive Commonwealth jurisdiction from the low-water mark seawards, the Hawke Labor Government has been reluctant to implement this particular policy.A practical consequence of the Offshore Constitutional Settlement for the industry is that many offshore titles are now being split i

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Young, D., R. Brockett, and J. Smart. "AUSTRALIA—SOVEREIGN RISK AND THE PETROLEUM INDUSTRY." APPEA Journal 45, no. 1 (2005): 191. http://dx.doi.org/10.1071/aj04017.

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Australia has rejoiced in its reputation for having low sovereign risk and corresponding rating, for decades. This reputation was bruised in the first decade after the High Court introduced Native Title into Australian law by the legislative response of the then Government, but has since recovered, and enjoys the world’s lowest country risk rating, and shares the worlds best sovereign risk rating with the USA. A number of government precipitated occurrences in recent times, however, raise the question: for how long can this continue?This paper tracks the long history of occasional broken resou

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Harris, Bede. "Do the Queensland Regulations Governing the Refund of Motor Vehicle Registration Fees Breach s 92 of the Commonwealth Constitution?" Journal of Politics and Law 12, no. 4 (2019): 8. http://dx.doi.org/10.5539/jpl.v12n4p8.

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The federal system in Australia imposes inconvenience on people. One of these inconveniences arises from the fact that each State and Territory has its own vehicle registration regime. In contrast to other States in Australia, purchasers of vehicles from outside Queensland suffer from a particular burden in that they are denied a refund of the unexpired portion of vehicle registration fees. In this article it is argued that that denial is unlawful both as a matter of the interpretation of the applicable Regulations and because it infringes s 92 of the Commonwealth Constitution, which prohibits

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Keyzer, Patrick. "How section 90 of the Constitution makes cannabis law reform less likely in Australia." Alternative Law Journal 45, no. 4 (2020): 247–53. http://dx.doi.org/10.1177/1037969x20948288.

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Cannabis law reform is unlikely in Australia because section 90 of the Constitution gives the exclusive power to tax goods to the Commonwealth, yet it is the states and territories that have the power to decriminalise use. What incentive does a state have to decriminalise cannabis if they cannot tax it? This article summarises the High Court’s s 90 jurisprudence. It also briefly explores the question of whether the states or territories could impose a levy on cannabis as a ‘fee for services rendered’ in the event that a user accesses state health services for cannabis-related health conditions

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Gerangelos, Peter. "The Executive Power of the Commonwealth of Australia: Section 61 of the Commonwealth Constitution, ‘nationhood’ and the Future of the Prerogative." Oxford University Commonwealth Law Journal 12, no. 1 (2012): 97–131. http://dx.doi.org/10.5235/147293412803188838.

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Beck, Luke. "The Case against Improper Purpose as the Touchstone for Invalidity under Section 116 of the Australian Constitution." Federal Law Review 44, no. 3 (2016): 505–29. http://dx.doi.org/10.1177/0067205x1604400307.

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Section 116 of the Australian Constitution limits the ability of the Commonwealth to legislate in respect of religion. It provides: ‘The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.’ The limited case law on s 116 holds that the word ‘for’ means ‘for the purpose of’ such that improper legislative purpose is the test for invalidity rather than a consideration of wheth

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MENSAH, KWADWO BOATENG. "DISCRETION, NOLLE PROSEQUI AND THE 1992 GHANAIAN CONSTITUTION." Journal of African Law 50, no. 1 (2006): 47–58. http://dx.doi.org/10.1017/s0021855306000052.

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Section 54 of Ghana's Criminal Procedure Code, 1960 (Act 30), gives the Attorney-General discretion to enter a nolle prosequi in the course of a criminal trial. According to the orthodox view, this discretionary power is not subject to judicial review. The orthodox view raises a number of very important questions. First, is it really the case that the power to enter a nolle prosequi is not subject to judicial review? Secondly, if this is the case, how is the Attorney-General accountable for the manner in which he exercises his discretion and how is it possible to ensure that he acts fairly whe

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Harris, Bede. "Does the Commonwealth Electoral Act Satisfy the Requirement That Representatives Be ‘Directly Chosen’ by the People?" Journal of Politics and Law 9, no. 4 (2016): 78. http://dx.doi.org/10.5539/jpl.v9n4p78.

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<p>The electoral system embodied in the Commonwealth Electoral Act 1918 (Cth) is notable for its startling unfairness to voters who support minor parties. This article argues that the disparity between voter preferences and the allocation of seats in the House of Representatives means that the electoral system cannot be said to provide for the election of members ‘directly chosen by the people’, as required by s 24 of the Constitution, and is therefore open to challenge. Although challenges to the electoral system in Attorney General (Cth); Ex rel McKinlay v Commonwealth and McGinty v We

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Brown, A. J., and Paul Kildea. "The Referendum that Wasn't: Constitutional Recognition of Local Government and the Australian Federal Reform Dilemma." Federal Law Review 44, no. 1 (2016): 143–66. http://dx.doi.org/10.1177/0067205x1604400106.

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In 2010, the Commonwealth government proposed Australia's third attempt to give federal constitutional recognition to local government. In 2013, the government secured the passage through Parliament of a Constitution Alteration but, due to political events, and amid much controversy, the proposed amendment was not put to the people. This paper examines the merits and prospects for success of the proposed reform, with an eye to lessons for the future of local government's place in the federal system. It argues that the legal and constitutional cases for the alteration were strong, but limited,

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Latypov, B. N. "HISTORY OF THE FORMATION AUSTRALIAN ENCYCLOPAEDIA." Vestnik Bryanskogo gosudarstvennogo universiteta 02, no. 06 (2021): 83–90. http://dx.doi.org/10.22281/2413-9912-2021-05-02-83-90.

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This article is about the history of the origin and the period of preparation of the Australian encyclopaedia at the beginning of the XX century. The study based on various sources are attempt to explore the many years of experience of Australian encyclopedists in creating Australian encyclopaedia. During the study it was analyzed data of preparation the first and second editions. Under review of the first edition it was shown the editors job of Arthur Wilberforce Jose and Herbert James Carter. This study explored the experience of encyclopaedia and it was revealed that compilers of encyclopae

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Cole, D. A. "ENVIRONMENTAL LAW REGIMES—PETROLEUM OPERATIONS IN AUSTRALIA'S OFFSHORE AREAS." APPEA Journal 35, no. 1 (1995): 813. http://dx.doi.org/10.1071/aj94058.

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Increasing petroleum activity in Australia's offshore areas is heightening industry, government and community awareness of the potential impact of these operations on marine ecosystems and coastal environments.The Offshore Constitutional Settlement of the late 1970s has resolved the issue of allocation of governmental rights and powers over the resources of the sea and the seabed. However, the application of environmental laws to those areas remains largely untested. A complex web of legislation—State, Territory and Commonwealth—may apply to proposed and on-going petroleum activities.The Com

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Tappere, Chris. "New States in Australia: The Nature and Extent of Commonwealth Power under Section 121 of the Constitution." Federal Law Review 17, no. 4 (1987): 223–50. http://dx.doi.org/10.1177/0067205x8701700402.

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Beck, Luke. "Higgins' Argument for Section 116 of the Constitution." Federal Law Review 41, no. 3 (2013): 393–415. http://dx.doi.org/10.22145/flr.41.3.1.

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The argument that led to the inclusion of s 116 of the Constitution, a provision that provides a limited guarantee of religious freedom in Australia, has not been properly understood. The standard account of the argument presented by the proponent of the clause, Henry Bournes Higgins, holds that it was included to ensure that no inferential power to legislate with respect to religion could be drawn from the religious words of the constitutional preamble. This article argues that the standard account of Higgins' argument is wrong and that the substance of Higgins' concern was a realisation that

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Nettheim, Garth. "Human Rights and Indigenous Peoples." Cosmopolitan Civil Societies: An Interdisciplinary Journal 1, no. 2 (2009): 129–41. http://dx.doi.org/10.5130/ccs.v1i2.1045.

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The paper begins by noting the low level of reference to Indigenous Australians in the Commonwealth Constitution at the start of Federation, and goes on to discuss the limits to what was achieved by the 1967 amendments. The situation represents a marked contrast with the USA and Canada in terms of treaties and constitutional recognition.  In Australia, particularly during the period of the ‘Reconciliation’ process in the 1990s, important steps were taken by Indigenous Australians to identify items of ‘unfinished business’ in a ‘Statement of Indigenous Rights’. But there has been li

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Gussen, Benjamen Franklen. "Recommendations on the Optimal Constitutional Recognition of the First Nations in Australia." Deakin Law Review 24 (August 30, 2019): 213–30. http://dx.doi.org/10.21153/dlr2019vol24no1art875.

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This note extends my previous analysis of the constitutional recognition of Aboriginal and Torres Strait Islander Peoples (‘First Nations’) by providing guidance on the optimal approach for this recognition. The guidance is founded on the concepts of efficiency and equity. An optimal recognition is defined as one that achieves both objectives simultaneously. Efficiency flows from a dynamic recognition that changes over time relatively easily, as exemplified by a treaty-based approach. The equity criterion has, as a proxy, legal pluralism, whereby constitutional recognition enlivens ‘Indigenous

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Ireland-Piper, Danielle, and Jonathan Crowe. "Whistleblowing, National Security and the Constitutional Freedom of Political Communication." Federal Law Review 46, no. 3 (2018): 341–65. http://dx.doi.org/10.1177/0067205x1804600301.

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Whistleblowers promote the values of responsible government and the rule of law by drawing attention to criminal or other forms of wrongdoing in publicly accountable organisations. This article explores the relationship between whistleblowing, national security and the implied freedom of political communication under the Australian Constitution. Legislation such as the Crimes Act 1914 (Cth) (‘ Crimes Act’), the Australian Security Intelligence Organisation Act 1979 (Cth) (‘ ASIO Act’) and the Australian Border Force Act 2015 (Cth) (‘ Border Force Act’) makes it an offence to reveal certain typ

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