The Division Of Law-making Powers In Australia

Transport
There was a very significant argument in favour of Australia having a federal government, which was the need for a uniform railway system. In the late 1800s progress was restricted in the colonies for having a different railway gauge. The colonies were operating independent of each other, whilst the railway systems were built. They faced a problem when there was a need to integrate and connect the tracks (for example from Victoria to New South Wales) when the gauges were of different lengths. This meant that trains could not cross colonial boarders, which ultimately would have restricted the main way of transporting people and goods on land from colony to colony. It was a great inconvenience when people had to change trains at the border of each colony.

In this essay, it will be seen that the expansion of the external affairs power since Federation reflects Australia’s growing independence from a Dominion of the United Kingdom and its transition into nationhood.

In the dissenting judgment made by Callinan J in the landmark New South Wales v Commonwealth (“Workchoices’ Case”), a strong criticism was mounted against constitutional interpretation methods employed in the judicial forum. Explicitly, this conjecture was focused at Isaacs J’s judgement in Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (“Engineers’ Case”), where a textualism approach to constitutional interpretation was adopted. Callinan J expressed the Engineers’ Case as “less than satisfactory”, using “detached language” to discredit its literal methodology of interpreting the constitution.

Another institution that protects our rights is shown by this case, the principle of separation of powers is on display, simply put the principle of the separation of powers refers to the three different branches of government (Executive, Legislative, Judicial) and how they provide for a system of checks and balances for one another (Donald Carper, 2011) ensuring all parts act within the scope of their powers. This is outlined by the fact that the actions of the executive where investigated by the courts to see if their actions were in compliance with the Australian Constitution and other relevant legislation passed, by ensuring that the government’s actions were in accordance with the rules stated in the constitution it was ensured that the government acted within its scope and there was no abuse of power, because if this system of checks and balances did not exist than there would be no way to stop one of the bodies from overstretching and doing something that is outside of their power, we need to hold institutions accountable in order to ensure people’s rights are protected and governments cannot implement any policy that they wish. Individuals may disagree about the outcomes of particular cases but it is vital to our democracy and our rights that all the outcomes of cases are based on the Constitution and the relevant legislation, by having everything follow a set guideline and by having systems to enforce these guidelines we ensure institutions

Federation started in 1880 with six British colonies, Queensland, New South Wales, Victoria, South Australia, Western Australia and Tasmania. With 3 million people in each colony. These colonies were separated and had little to

Australian federation was a main turning point in Australia’s history, not so much for it’s camaraderie and sprit, but to legislate and retaliate against three main concerns that had arose in our developing nation; Australia’s defence, immigration and trade. With the introduction of Federation to Australia, all three problems were fixed, and much more.

Will Australia become a republic in the next twenty years? This is a difficult question to speculate on. The main area of law governing this issue is section 128 of the Commonwealth of Australia Constitution Act 1900 (U.K). Other issues in this debate are regarding appointment, termination and the powers to be awarded to the proposed Head of State, and the impact the change will have on the States. Examining the history of Australian Legislative powers, and reasons why Australians would want to change, is also useful when speculating on this issue.

It is recognised that Australia’s System of decision making in the court is in need of reform, if the

On the 1st January, 1901, Australia became an independant country and the six separate colonies, united as one nation to form the commonwealth of Australia. The six separate colonies, now known as states, all agreed to establish a system of federalism in Australia. Many suggestions and attempts to create the Commonwealth of Australia were made earlier but recieved lack of support. After the federation of the canadian colonies earlier in 1867, the idea of federation in Australia, had some support overseas in the british parliament. The development of federation in Australia began in 1885, when the Federal Council of Australia was formed. Though the council had no power, they still met on several occasions. They had power but still met on several

The boil makers case and others such as Drake vs minster for immigration and ethnic affairs in the case it was held by the federal court of Australia that it is not unconstitutional for a federal judge to be appointed in a personal capacity as a member of the administrative appeal tribunal. In many cases it has been evident that the absolute separation of power cannot be done in the practical scenario as easily as in theory because of the complex nature of society and the clashes or influence of three bodies on the function of each other is very much possible and certain. For instance judges questioned their function and task outside their judicial power for executing congress regulating claims to invalid pension. In recent time in some cases it also viewed that high court is playing political role in Australia as evidenced by its interpretation of the Constitution in

The formation of these courts proved to be extremely influential to the colony of New South Wales and the development of Australian law as judicial decisions from cases such as Kable v Captain Sinclair (1788) proved crucial for the maturing of the Australian legal system through the legislative establishment of the British law concept of the rule of law. As well as this the institution of the court system also created Australia’s own doctrine of precedence.

This is broken down into the eight state and territory systems and the Australian Federal system, it is important to understand that each state influence eachother but are not binding, but any laws passed by the Parliament of Australia

The justice system of Australia was originally developed on 1 January 1901, this was named the constitution. The organised system of law which is now enforced in Australia originated from a series of British statuses, when they colonised Australia. Although the laws of Australia is now different from the United Kingdom in many respects, from the beginnings of the settlement; the underlying patterns of thought reflect the common law traditions which were originally received from Britain of the time. The constitution has 128 sections which covers everything from the structure and power of federal, state and local government, to the establishment of the High Court of Australia, High Court more powerful than District Court. There are

“The Australian Constitution was drafted at a series of constitutional conventions held in the 1890s. It was passed by the British Parliament as part of the Commonwealth of Australia Constitution Act 1900 and took effect on 1 January 1901. The Constitution is the legal framework for how Australia is governed and it can only be changed by referendum.”

The Commonwealth Constitution was associated with the idea of limits on government’s power, and the six Australian colonies needed such Constitution to create and describe their own relations with the new national government upon federation. These incidents indicate that the Commonwealth Constitution upheld the parliamentary sovereignty and prevented the occurrence of arbitrary powers by the