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The defence power allows the Commonwealth to raise an army and navy. Although air forces did not exist in 1901, "military defence" has been considered broad enough to include an air force. What other laws the defence power will support has been held by the High Court of Australia to vary based on external circumstances.
Unlike a marriage which has a recognised legal status in the Constitution and is also internationally recognised, the legal status of a de facto relationship and a 'de facto financial cause' can only be applied within a participating State due to the limitations of section 51 (xxxvii) where it states the law shall extend only to States by whose ...
The Federal Executive Council is a body established by section 62 of the Australian Constitution to advise the governor-general of Australia, [1] [2] on the matters of the federal government. The council comprises, at least notionally, all current and former Commonwealth ministers and assistant ministers.
In jurisprudence, a de facto law (also known as a de facto regulation) is a law or regulation that is followed but "is not specifically enumerated by a law." [ 4 ] By definition, de facto 'contrasts' de jure which means "as defined by law" or "as a matter of law."
This type of asymmetry can be called de jure asymmetry (Brown 2). The second type reflects agreements which come out of national policy, opting out, and (depending on one's definition of the term) bilateral and ad hoc deals with specific provinces, none of which are entrenched in the constitution. This type of asymmetry is known as de facto ...
The international community can judge this military presence too intrusive, reducing the entity to a puppet state where effective sovereignty is retained by the foreign power. [5] Historical cases in this sense can be seen in Japanese-led Manchukuo [6] or the German-created Slovak Republic and Independent State of Croatia before and during ...
Australia's legal origins as a nation state began in the colonial era, with the reception of English law and the lack of any regard to existing Indigenous legal structures. As the colonies expanded, Australia gradually began to achieve de facto independence.
Since 2009, the definition of "de facto couple" under the federal Act has included same-sex couples and applies throughout Australia, except Western Australia. [24] A de facto couple must cohabit for a minimum of two years for the Family Law Act to apply, unless if they have a child together, have registered the relationship, or have made ...