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
... Constitution to favour Commonwealth powers , and why the Howard Government had to turn to the corporations power to support its controversial Work Choices legislation . Some of this is based on material originally written by Andrew ...
... Constitution to favour Commonwealth powers , and why the Howard Government had to turn to the corporations power to support its controversial Work Choices legislation . Some of this is based on material originally written by Andrew ...
الصفحة vii
... Constitution 14 4 The Work Choices Legislation 5 The Constitutional Challenge 220 26 40 Part II The Decision 6 Interpreting the Constitution 7 The Scope of the Corporations Power 689 43 69 The Relationship Between the Corporations Power ...
... Constitution 14 4 The Work Choices Legislation 5 The Constitutional Challenge 220 26 40 Part II The Decision 6 Interpreting the Constitution 7 The Scope of the Corporations Power 689 43 69 The Relationship Between the Corporations Power ...
الصفحة 3
... corporations , and trading or financial corporations formed within the limits of the Commonwealth " - collectively known as " constitutional corpora- tions " . The full scope of the corporations power had not been defini- tively ...
... corporations , and trading or financial corporations formed within the limits of the Commonwealth " - collectively known as " constitutional corpora- tions " . The full scope of the corporations power had not been defini- tively ...
الصفحة 4
... corporations power should be given a broad interpretation . They rejected any sugges- tion that they should have regard to some kind of federal balance implicit in the Constitution . Two judges gave separate dissenting judgments ...
... corporations power should be given a broad interpretation . They rejected any sugges- tion that they should have regard to some kind of federal balance implicit in the Constitution . Two judges gave separate dissenting judgments ...
الصفحة 5
... corporations power might reduce the Parliament of each State to " an impotent debating society " . It was time , he said , for the High Court to stop " strip - mining " the Constitution to discover new powers for the Commonwealth ...
... corporations power might reduce the Parliament of each State to " an impotent debating society " . It was time , he said , for the High Court to stop " strip - mining " the Constitution to discover new powers for the Commonwealth ...
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