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 v
... from the original version of the Mabo book is to include more commentary of our own . The first few chapters seek to put the High Court's decision in context . They explain how the High Court has interpreted the Constitution ...
... from the original version of the Mabo book is to include more commentary of our own . The first few chapters seek to put the High Court's decision in context . They explain how the High Court has interpreted the Constitution ...
الصفحة vii
... Introduction 1 2 Australia's 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 ...
... Introduction 1 2 Australia's 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 ...
الصفحة 4
The majority judges accepted the Commonwealth's submissions that the 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 ...
The majority judges accepted the Commonwealth's submissions that the 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 ...
الصفحة 6
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 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.
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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