Work ChoicesAndrew Stewart and George Williams, leading scholars and media commentators, explain what has been called the most important decision of the Australian High Court since the Tasmanian Dam Case in 1983. They show what was being argued and why it was being argued, as well as what was decided and the implications for Australia’s future. They include key passages of the majority judgment, and from the dissents of Justices Kirby and Callinan. Is this “a destabilising intrusion of direct federal lawmaking into areas of legislation which, since federation, have been the subjects of State laws†(Justice Kirby)? Might it reduce State Parliaments to “impotent debating societies†(Justice Callinan)? |
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الصفحة 8
That decision not only transformed the structural framework of Commonwealth - State relations , it also established a new approach to constitutional inter- pretation that continues to this day to dominate the work of the High Court .
That decision not only transformed the structural framework of Commonwealth - State relations , it also established a new approach to constitutional inter- pretation that continues to this day to dominate the work of the High Court .
الصفحة 9
The Broad Approach to Federal Powers The emphasis placed on the text of the Constitution since Engi- neers has been especially potent when combined with a generous approach to the interpretation of the specific federal powers .
The Broad Approach to Federal Powers The emphasis placed on the text of the Constitution since Engi- neers has been especially potent when combined with a generous approach to the interpretation of the specific federal powers .
الصفحة 10
In the first place , the Court has by and large refused to take an " originalist " approach to constitutional interpretation . Rather than deferring to the actual or presumed purpose of those who drafted the document , the Court has ...
In the first place , the Court has by and large refused to take an " originalist " approach to constitutional interpretation . Rather than deferring to the actual or presumed purpose of those who drafted the document , the Court has ...
الصفحة 12
legislate in areas formerly under State control is , according to the long accepted approach of the High Court , irrelevant . Since 1920 then , the steady trend of High Court decisions has favoured a broad reading of federal power at ...
legislate in areas formerly under State control is , according to the long accepted approach of the High Court , irrelevant . Since 1920 then , the steady trend of High Court decisions has favoured a broad reading of federal power at ...
الصفحة 21
But in 1996 the Howard Government in turn reinstated and if anything strengthened the previous approach this at a time , it must be remembered , when there were still Liberal or Coalition governments at State level .
But in 1996 the Howard Government in turn reinstated and if anything strengthened the previous approach this at a time , it must be remembered , when there were still Liberal or Coalition governments at State level .
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المحتوى
| 6 | |
| 26 | |
5 | 40 |
6 | 59 |
7 | 69 |
9 | 129 |
Making Law Through Regulations | 135 |
Other Issues | 142 |
What It Means for Labour Relations | 152 |
13 | 166 |
Extracts from the Australian Constitution | 176 |
Index | 182 |
عبارات ومصطلحات مألوفة
accepted activities affairs agreements amendments applied approach arbitration areas argument Australian authority award balance bodies broad challenge changes Chapter character Choices Common Commonwealth concerned conferred connection constitutional corporations construction continue corporations power covered deal Debates decision doctrine effect employers employment enacted Engineers established exclude existence expressed extending fact Federal Parliament federal system field foreign functions further given grant head of power High Court important incorporated industrial disputes industrial relations intended interpretation interstate involved issue judges Justice Kirby labour law with respect least legislative power limits majority matters meaning operation Parliament particular parties persons plaintiffs possible present principle prohibited proposed provisions question reach reasons reference reforms regulation rejected Relations Act relationships relevant restriction result scope specific submissions suggested Territory trading unions validity workers Workplace Relations
معلومات المراجع
| العنوان | Work Choices |
| المؤلفون | Andrew Stewart, George Williams |
| الناشر | Federation Press, 2007 |
| رقم ISBN (الرقم الدولي المعياري للكتاب) | 1862876428, 9781862876422 |
| عدد الصفحات | 190 من الصفحات |
| تصدير الاقتباس | BiBTeX EndNote RefMan |