Search results
Results from the WOW.Com Content Network
The Principle of Legality is an important legal doctrine in Australian public law. [1] It is an interpretive presumption by the judiciary that Australia's various parliaments do not intend to curtail or abrogate fundamental rights and freedoms when enacting legislation. Due to this, parliaments are effectively required to enact legislation ...
Its legal institutions and traditions are substantially derived from that of the English legal system, which superseded Indigenous Australian customary law during colonisation. [1] Australia is a common-law jurisdiction, its court system having originated in the common law system of English law. The country's common law is the same across the ...
Australian constitutional law is the area of the law of Australia relating to the interpretation and application of the Constitution of Australia. Legal cases regarding Australian constitutional law are often handled by the High Court of Australia, the highest court in the Australian judicial system. Several major doctrines of Australian ...
Print/export Download as PDF ... Pages in category "Law of Australia" The following 50 pages are in this category, out of 50 total. ... Australian Law Reports ...
The constitutional framework and development of administrative law in Australia was highly influenced by legal developments in the United Kingdom and United States.At the end of the 19th century, the British constitutional theorist A. V. Dicey argued that there should be no separate system of administrative law such as the droit administratif which existed in France.
The Constitution of Australia (also known as the Commonwealth Constitution) is the fundamental law that governs the political structure of Australia. It is a written constitution , which establishes the country as a federation under a constitutional monarchy governed with a parliamentary system .
Higgins J similarly held that a rule of conduct prescribed by the Arbitration Court was given the character of a law by the federal Conciliation and Arbitration Act. [15] On the question of inconsistency, Higgins J adopted the same test as the majority, whether it was impossible to obey both laws.
Chapter I of the Constitution of Australia establishes the Parliament of Australia and its role as the legislative branch of the Government of Australia. [1] The chapter consists of 60 sections which are organised into 5 parts.