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
... limits of the Commonwealth " - collectively known as " constitutional corpora- tions " . The full scope of the ... limit at all to the activities that could be regulated . Provided that a corporation was one of the types of corporation ...
... limits of the Commonwealth " - collectively known as " constitutional corpora- tions " . The full scope of the ... limit at all to the activities that could be regulated . Provided that a corporation was one of the types of corporation ...
الصفحة 8
... Constitution is generally to give overriding precedence to the ordinary meaning of its text free from any limits or other doctrines not found in that text . Since Engineers , a Commonwealth law will be valid if 8 Work Choices.
... Constitution is generally to give overriding precedence to the ordinary meaning of its text free from any limits or other doctrines not found in that text . Since Engineers , a Commonwealth law will be valid if 8 Work Choices.
الصفحة 9
... limits at all . Even in Engineers , it was suggested that there were things the Commonwealth could not validly do without threatening the federal nature of the Consti- tution . In the Melbourne Corporation case ( 1947 ) , the Court ...
... limits at all . Even in Engineers , it was suggested that there were things the Commonwealth could not validly do without threatening the federal nature of the Consti- tution . In the Melbourne Corporation case ( 1947 ) , the Court ...
الصفحة 11
... limits of another power does not mean that the first power will be construed narrowly so as to prevent an overlap . Taken together , these principles have allowed the specific Commonwealth powers to be applied in areas never ...
... limits of another power does not mean that the first power will be construed narrowly so as to prevent an overlap . Taken together , these principles have allowed the specific Commonwealth powers to be applied in areas never ...
الصفحة 16
... limits of any one State " . The wording reflected two preoccupations of the day . The first was the principal motivation for having a federal power at all . The delegates to the Conventions were all too aware that industrial disputes ...
... limits of any one State " . The wording reflected two preoccupations of the day . The first was the principal motivation for having a federal power at all . The delegates to the Conventions were all too aware that industrial disputes ...
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