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The Australia Act represented an important symbolic break with Britain, emphasised by Queen Elizabeth II's visit to Australia to sign the legislation in her legally distinct capacity as the Queen of Australia. Legislative independence has been paralleled by a growing divergence between Australian and English common law in the last quarter of ...
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.
Constitutional law in the Commonwealth of Australia consists mostly of that body of doctrine which interprets the Commonwealth Constitution. The Constitution itself is embodied in clause 9 of the Commonwealth of Australia Constitution Act, which was passed by the British Parliament in 1900 after its text had been negotiated in Australian Constitutional Conventions in the 1890s and approved by ...
A codified constitution is a constitution that is contained in a single document, which is the single source of constitutional law in a state. An uncodified constitution is one that is not contained in a single document, but consists of several different sources, which may be written or unwritten.
Australian Land Transport (Financial Assistance) Act 1985 1985 (No. 59) No Australian Law Reform Commission Act 1996 1996 (No. 37) Yes (as amended) Australian Law Reform Commission (Repeal, Transitional and Miscellaneous) Act 1996 1996 (No. 38) No Australian Maritime Safety Authority Act 1990 1990 (No. 78) Yes (as amended)
The challengers argued that the legislation was not a valid law under the Constitution of the Australian Commonwealth Act 1901, because it is not supported by any of the heads of power granted to the Parliament of Australia by Section 51 of the Constitution of the Australian Commonwealth Act 1901. Their principal argument was that the ...
Commonwealth v Tasmania (popularly known as the Tasmanian Dam Case) [1] was a significant Australian court case, decided in the High Court of Australia on 1 July 1983. The case was a landmark decision in Australian constitutional law, and was a significant moment in the history of conservation in Australia.
When the Australian Constitution was created in 1901, the United Kingdom and its possessions were not conceived of as "foreign" to Australia. Chief Justice Latham said in R v Sharkey (1949) that "external affairs" was not confined to the "preservation of friendly relations with other Dominions", but extended to relations with "all countries ...