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 8
... interpreted so as to ensure that they did not encroach too far on the " residual " powers of the States . Another ... interpret the Constitution is generally to give overriding precedence to the ordinary meaning of its text free from any ...
... interpreted so as to ensure that they did not encroach too far on the " residual " powers of the States . Another ... interpret the Constitution is generally to give overriding precedence to the ordinary meaning of its text free from any ...
الصفحة 9
... interpretation of the specific federal powers . As far back as the Jumbunna case in 1908 Justice O'Connor laid down the often quoted rule that " where the question is whether the Constitution has used an expression in the wider 9 ...
... interpretation of the specific federal powers . As far back as the Jumbunna case in 1908 Justice O'Connor laid down the often quoted rule that " where the question is whether the Constitution has used an expression in the wider 9 ...
الصفحة 10
... interpretation " . After this passage he added : " unless there is something in the context or in the rest of the Constitution to indicate that the narrower interpretation will best carry out its object and purpose " . This ...
... interpretation " . After this passage he added : " unless there is something in the context or in the rest of the Constitution to indicate that the narrower interpretation will best carry out its object and purpose " . This ...
الصفحة 11
... interpret the various heads of power by reference to any concept of " mutual exclusiveness " . The fact that one head of power may be used in such a way as to go beyond the limits of another power does not mean that the first power will ...
... interpret the various heads of power by reference to any concept of " mutual exclusiveness " . The fact that one head of power may be used in such a way as to go beyond the limits of another power does not mean that the first power will ...
الصفحة 13
... a broad interpretation of Com- monwealth power . The smart money then was always on the Commonwealth to win the Work Choices case . Chapter 3 Labour Relations and the Constitution For as long 13 Australia's Federal System.
... a broad interpretation of Com- monwealth power . The smart money then was always on the Commonwealth to win the Work Choices case . Chapter 3 Labour Relations and the Constitution For as long 13 Australia's Federal System.
المحتوى
6 | |
4 | 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