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 3
... broad view of the power . Now the Commonwealth was asking the Court to take that step and rule that the power would support any law that was directed to a " constitutional corporation " or its activities , regardless of the subject of ...
... broad view of the power . Now the Commonwealth was asking the Court to take that step and rule that the power would support any law that was directed to a " constitutional corporation " or its activities , regardless of the subject of ...
الصفحة 4
... broad 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 ...
... broad 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 ...
الصفحة 5
... broad a view of the corporations power might reduce the Parliament of each State to " an impotent debating society " . It was time , he said , for the High Court to stop " strip - mining " the Constitution to discover new powers for the ...
... broad a view of the corporations power might reduce the Parliament of each State to " an impotent debating society " . It was time , he said , for the High Court to stop " strip - mining " the Constitution to discover new powers for the ...
الصفحة 9
... Broad Approach to Federal Powers The emphasis placed on the text of the Constitution since Engi- neers has been especially potent when combined with a generous approach to the interpretation of the specific federal powers . As far back ...
... Broad Approach to Federal Powers The emphasis placed on the text of the Constitution since Engi- neers has been especially potent when combined with a generous approach to the interpretation of the specific federal powers . As far back ...
الصفحة 12
... broad reading of federal power at the expense of the Australian States . This has been punctuated with landmark deci- sions that have marked a greater than normal shift of authority to the Commonwealth . The Money Problem There have ...
... broad reading of federal power at the expense of the Australian States . This has been punctuated with landmark deci- sions that have marked a greater than normal shift of authority to the Commonwealth . The Money Problem There have ...
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