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
الصفحة 2
... areas pre- viously left to the States . In the Tasmanian Dam case in 1983 , for instance , a majority of the Court ruled that the Commonwealth could prevent a State authority from damaging the environment , even though the Com ...
... areas pre- viously left to the States . In the Tasmanian Dam case in 1983 , for instance , a majority of the Court ruled that the Commonwealth could prevent a State authority from damaging the environment , even though the Com ...
الصفحة 4
... areas of legislation which , since federation , have been the subjects of State laws " . The " dysfunctional potential " of the Commonwealth's argument demanded a response from the High Court that was " protective of the text and ...
... areas of legislation which , since federation , have been the subjects of State laws " . The " dysfunctional potential " of the Commonwealth's argument demanded a response from the High Court that was " protective of the text and ...
الصفحة 6
... areas of control . To achieve this , when Australia became a nation on 1 January 1901 it also became a federation . As stated in the opening pre- amble to the Constitution , the people of the colonies agreed to " unite in one ...
... areas of control . To achieve this , when Australia became a nation on 1 January 1901 it also became a federation . As stated in the opening pre- amble to the Constitution , the people of the colonies agreed to " unite in one ...
الصفحة 7
... 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 the ...
... 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 the ...
الصفحة 11
... areas was used to pass a law that prevented damage to an area in Tasmania endangered by the building of a dam . Given that Australia , as at December 2005 , had entered into 2544 international instruments , the possible uses of the ...
... areas was used to pass a law that prevented damage to an area in Tasmania endangered by the building of a dam . Given that Australia , as at December 2005 , had entered into 2544 international instruments , the possible uses of the ...
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