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
... interpreted the 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 ...
... interpreted the 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 ...
الصفحة vii
... Interpreting the Constitution 7 The Scope of the Corporations Power 689 43 69 The Relationship Between the Corporations Power and the Industrial Arbitration Power 101 9 Excluding State Laws 129 10 Making Law Through Regulations 135 11 ...
... Interpreting the Constitution 7 The Scope of the Corporations Power 689 43 69 The Relationship Between the Corporations Power and the Industrial Arbitration Power 101 9 Excluding State Laws 129 10 Making Law Through Regulations 135 11 ...
الصفحة 4
... 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 . Justices Michael Kirby and Ian Callinan would ...
... 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 . Justices Michael Kirby and Ian Callinan would ...
الصفحة 6
... the Constitution . The High Court has the task of ensuring that these rules are followed , and can both interpret the Constitution and strike down unauthorised federal or State laws . Where there 6 Australia's Federal System.
... the Constitution . The High Court has the task of ensuring that these rules are followed , and can both interpret the Constitution and strike down unauthorised federal or State laws . Where there 6 Australia's Federal System.
الصفحة 7
... the position of the States and limited the growth of Commonwealth power . The Court did this through a restrictive interpretation of the list of Commonwealth powers and by the use of a doctrine of 7 Australia's Federal System.
... the position of the States and limited the growth of Commonwealth power . The Court did this through a restrictive interpretation of the list of Commonwealth powers and by the use of a doctrine of 7 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 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