Work ChoicesFederation Press, 2007 - 190 من الصفحات Andrew 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 v
... balance of power in the Constitution between the Commonwealth and the States . The inspiration was an earlier book that Peter Butt and Robert Eagleson had done on the Mabo case . As with that work , we have presented extracts from the ...
... balance of power in the Constitution between the Commonwealth and the States . The inspiration was an earlier book that Peter Butt and Robert Eagleson had done on the Mabo case . As with that work , we have presented extracts from the ...
الصفحة 1
... balance in favour of employers , giving them greater freedom in the terms on which they can hire and ( if necessary ) fire their staff . As a corol- lary , the amendments sought to marginalise - though by no means eliminate the role ...
... balance in favour of employers , giving them greater freedom in the terms on which they can hire and ( if necessary ) fire their staff . As a corol- lary , the amendments sought to marginalise - though by no means eliminate the role ...
الصفحة 3
... recognise that the " federal balance " would be disturbed if the Commonwealth could use its corporations power as broadly as the Commonwealth contended . On Tuesday 14 November 2006 , the Court handed down 3 Introduction.
... recognise that the " federal balance " would be disturbed if the Commonwealth could use its corporations power as broadly as the Commonwealth contended . On Tuesday 14 November 2006 , the Court handed down 3 Introduction.
الصفحة 4
... balance implicit in the Constitution . Two judges gave separate dissenting judgments . Justices Michael Kirby and Ian Callinan would each have found the legis- lation to be beyond power . As a number of commentators have observed , the ...
... balance implicit in the Constitution . Two judges gave separate dissenting judgments . Justices Michael Kirby and Ian Callinan would each have found the legis- lation to be beyond power . As a number of commentators have observed , the ...
الصفحة 8
... balanced federalism . However , from 1906 onwards , when Justices Isaac Isaacs and Henry Higgins joined the Court ... balance " , like " States ' rights " , became constitutional heresy . To- day , they are nothing more than political ...
... balanced federalism . However , from 1906 onwards , when Justices Isaac Isaacs and Henry Higgins joined the Court ... balance " , like " States ' rights " , became constitutional heresy . To- day , they are nothing more than political ...
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