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 5
... Australian federation . But before getting to the details of the decision itself , it is necessary to explain the background to the case . To do that we ... Australia's Federal System The Australian Constitution was drafted 5 Introduction.
... Australian federation . But before getting to the details of the decision itself , it is necessary to explain the background to the case . To do that we ... Australia's Federal System The Australian Constitution was drafted 5 Introduction.
الصفحة 6
Andrew Stewart, George Williams. Chapter 2 Australia's Federal System The Australian Constitution was drafted at two Conventions held in the 1890s . The key issues included questions of finance and trade , and how best to weigh the ...
Andrew Stewart, George Williams. Chapter 2 Australia's Federal System The Australian Constitution was drafted at two Conventions held in the 1890s . The key issues included questions of finance and trade , and how best to weigh the ...
الصفحة 7
... position of the States and limited the growth of Commonwealth power . The Court did this through a restrictive interpretation of the list of Commonwealth powers and by the use of a doctrine of 7 Australia's Federal System.
... position of the States and limited the growth of Commonwealth power . The Court did this through a restrictive interpretation of the list of Commonwealth powers and by the use of a doctrine of 7 Australia's Federal System.
الصفحة 9
... Australian Education Union case ( 1995 ) , this latter restriction was said to apply to " laws of general appli- cation which operate to destroy or curtail the continued existence of the States or their ... Australia's Federal System.
... Australian Education Union case ( 1995 ) , this latter restriction was said to apply to " laws of general appli- cation which operate to destroy or curtail the continued existence of the States or their ... Australia's Federal System.
الصفحة 11
... Australia , as at December 2005 , had entered into 2544 international instruments , the possible uses of the external affairs power remain enormous . The fact that it can be used to legislate in areas formerly under State control is ...
... Australia , as at December 2005 , had entered into 2544 international instruments , the possible uses of the external affairs power remain enormous . The fact that it can be used to legislate in areas formerly under State control is ...
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