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)? |
من داخل الكتاب
النتائج 1-5 من 21
الصفحة 7
... specific areas ( a further power over pension benefits and other matters was added by referendum in 1946 ) . These areas are listed in section 51 of the Constitution , with a few additional matters set out in section 52. They describe ...
... specific areas ( a further power over pension benefits and other matters was added by referendum in 1946 ) . These areas are listed in section 51 of the Constitution , with a few additional matters set out in section 52. They describe ...
الصفحة 9
... specific limitations which it considered were implicit in the very structure of the Constitution . A Commonwealth law may be invalid if it either discriminates against or between the States , or if it unduly impinges on the States ...
... specific limitations which it considered were implicit in the very structure of the Constitution . A Commonwealth law may be invalid if it either discriminates against or between the States , or if it unduly impinges on the States ...
الصفحة 11
... specific Commonwealth powers to be applied in areas never contemplated by the framers . Seemingly innocuous powers like that over " external affairs " have become major weapons in the Com- monwealth armoury . Since the Tasmanian Dam ...
... specific Commonwealth powers to be applied in areas never contemplated by the framers . Seemingly innocuous powers like that over " external affairs " have become major weapons in the Com- monwealth armoury . Since the Tasmanian Dam ...
الصفحة 13
... specific type of student report card . The States have no real choice but to accept the money , even at the cost of doing the Commonwealth's bidding . This unhealthy dependency fulfils the prediction of Alfred Deakin , Australia's ...
... specific type of student report card . The States have no real choice but to accept the money , even at the cost of doing the Commonwealth's bidding . This unhealthy dependency fulfils the prediction of Alfred Deakin , Australia's ...
الصفحة 32
لقد وصلت إلى حد العرض المسموح لهذا الكتاب.
لقد وصلت إلى حد العرض المسموح لهذا الكتاب.
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