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 vi
... authorities on constitutional law . He is the Anthony Mason Professor and Director of the Gilbert + Tobin Centre of Public Law at the Faculty of Law , Univer- sity of New South Wales . He is an author of books including Labour Law and ...
... authorities on constitutional law . He is the Anthony Mason Professor and Director of the Gilbert + Tobin Centre of Public Law at the Faculty of Law , Univer- sity of New South Wales . He is an author of books including Labour Law and ...
الصفحة 2
... authority from damaging the environment , even though the Com- monwealth had no express power in the Constitution to legislate on environmental protection . The decision was based in part on the Commonwealth's ability to give effect to ...
... authority from damaging the environment , even though the Com- monwealth had no express power in the Constitution to legislate on environmental protection . The decision was based in part on the Commonwealth's ability to give effect to ...
الصفحة 7
... authority would be divided between them . This was achieved with a view to leaving the greater body of power with the State governments . Indeed , it was intended by many if not most of the framers that in the new nation the States ...
... authority would be divided between them . This was achieved with a view to leaving the greater body of power with the State governments . Indeed , it was intended by many if not most of the framers that in the new nation the States ...
الصفحة 10
... authority . Aside from rejecting the notion that certain powers are to be taken as " reserved " for the States , the Court has adopted three key principles that have broadened the reach of federal powers . In the first place , the Court ...
... authority . Aside from rejecting the notion that certain powers are to be taken as " reserved " for the States , the Court has adopted three key principles that have broadened the reach of federal powers . In the first place , the Court ...
الصفحة 12
... authority to the Commonwealth . The Money Problem There have been several such landmarks in the area of Commonwealth - State finances . In federal systems , who controls the purse strings can matter even more than who has the power to ...
... authority to the Commonwealth . The Money Problem There have been several such landmarks in the area of Commonwealth - State finances . In federal systems , who controls the purse strings can matter even more than who has the power to ...
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