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 vii
... Federal System 6 3 Labour Relations and the 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 ...
... Federal System 6 3 Labour Relations and the 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 ...
الصفحة 5
... federal legislation . We will also examine what the Howard Government was trying to achieve with its Work Choices reforms , and just why they prompted the ... Federal System The Australian Constitution was drafted 5 сл Introduction.
... federal legislation . We will also examine what the Howard Government was trying to achieve with its Work Choices reforms , and just why they prompted the ... Federal System The Australian Constitution was drafted 5 сл Introduction.
الصفحة 6
Andrew Stewart, George Williams. Chapter 2 Australia's Federal System The Australian Constitution was drafted at two Conventions held in the 1890s . The key issues ... federal or State laws . Where there 6 Australia's Federal System.
Andrew Stewart, George Williams. Chapter 2 Australia's Federal System The Australian Constitution was drafted at two Conventions held in the 1890s . The key issues ... federal or State laws . Where there 6 Australia's Federal System.
الصفحة 9
... federal powers . As far back as the Jumbunna case in 1908 Justice O'Connor laid down the often quoted rule that " where the question is whether the Constitution has used an expression in the wider 9 Australia's Federal System.
... federal powers . As far back as the Jumbunna case in 1908 Justice O'Connor laid down the often quoted rule that " where the question is whether the Constitution has used an expression in the wider 9 Australia's Federal System.
الصفحة 11
... 2544 international instruments , the possible uses of the external affairs power remain enormous . The fact that it can be used to legislate in areas formerly under State control is , according 11 Australia's Federal System.
... 2544 international instruments , the possible uses of the external affairs power remain enormous . The fact that it can be used to legislate in areas formerly under State control is , according 11 Australia's Federal System.
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 AIRC ambit Amending Act applied argument Australian Football League challenge characterised Choices legislation conciliation and arbitration Consti constitutional corporations construed corporations power decision Dingjan doctrine effect enacted Executive Government expressed external affairs power federal award federal balance federal law Federal Parliament federal system employers financial corporations foreign corporations framers GLEESON CJ GUMMOW head of power High Court Howard Government Huddart Parker incorporated industrial affairs industrial arbitration power industrial disputes intended interpretation interstate invalid issue joint reasons juristic persons Justice Callinan Justice Kirby labour regulation law with respect legislative power limits majority ment monwealth Pacific Coal particular plaintiffs power in section provisions reference reforms rejected relationships relevant reserved State powers respect to constitutional restriction or qualification Sched scope South Australia submissions Tasmanian Dam Territory trading corporations trading or financial tution unions validity Victoria Western Australia workers workplace agreements Workplace Relations Act