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
... and has appeared in the High Court of Australia and the Supreme Court of Fiji . He is regular commentator in the media on issues of public law and the High Court . Preface Abbreviations Cases Contents Part I Background V viii ix.
... and has appeared in the High Court of Australia and the Supreme Court of Fiji . He is regular commentator in the media on issues of public law and the High Court . Preface Abbreviations Cases Contents Part I Background V viii ix.
الصفحة 1
... High Court in Canberra . They were about to embark on six days of hearings as to the constitu- tional validity of the Howard Government's " Work Choices " legislation . It was the largest number of lawyers ever involved in a High Court ...
... High Court in Canberra . They were about to embark on six days of hearings as to the constitu- tional validity of the Howard Government's " Work Choices " legislation . It was the largest number of lawyers ever involved in a High Court ...
الصفحة 2
... High Court case as a chance to frustrate the federal govern- ment's plans for labour market reform . The High Court's verdict was eagerly awaited by everyone with a view on the Work Choices legislation . But in a broader sense , the ...
... High Court case as a chance to frustrate the federal govern- ment's plans for labour market reform . The High Court's verdict was eagerly awaited by everyone with a view on the Work Choices legislation . But in a broader sense , the ...
الصفحة 3
... High Court had moved beyond the narrow view , but had yet to accept the 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 ...
... High Court had moved beyond the narrow view , but had yet to accept the 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 ...
الصفحة 4
... Court comprised Chief Justice Murray Gleeson and Justices William Gummow , Kenneth Hayne , Dyson Heydon and Susan ... High Court that was " protective of the text and structure of the docu- ment " . If this Court did not " fulfil its ...
... Court comprised Chief Justice Murray Gleeson and Justices William Gummow , Kenneth Hayne , Dyson Heydon and Susan ... High Court that was " protective of the text and structure of the docu- ment " . If this Court did not " fulfil its ...
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