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 3
The full scope of the corporations power had not been defini- tively established , with various High Court judges over the years expressing a range of opinions on the matter . Some judges had taken a narrow view of the power .
The full scope of the corporations power had not been defini- tively established , with various High Court judges over the years expressing a range of opinions on the matter . Some judges had taken a narrow view of the power .
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 14
... 1946 and 1973 , these proposals failed at referenda to achieve the required level of popular support . The Constitutional Commission established by the Hawke Government recommended that a further attempt be made along these lines .
... 1946 and 1973 , these proposals failed at referenda to achieve the required level of popular support . The Constitutional Commission established by the Hawke Government recommended that a further attempt be made along these lines .
الصفحة 16
The very point of section 51 ( 35 ) was to allow the Commonwealth to establish a process that could meet the challenge posed by such conflict - and therein lay the second preoccupation .
The very point of section 51 ( 35 ) was to allow the Commonwealth to establish a process that could meet the challenge posed by such conflict - and therein lay the second preoccupation .
الصفحة 17
The Commonwealth eventually obtained a broad ( if not comprehensive ) power to establish social security entitlements , including for persons temporarily or perma- nently 17 Labour Relations and the Constitution.
The Commonwealth eventually obtained a broad ( if not comprehensive ) power to establish social security entitlements , including for persons temporarily or perma- nently 17 Labour Relations and the Constitution.
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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 |