Essays Tagged: "High court of Australia"

Should judges reflect the society in which they live?

Justice that is absolutely impartial is a cornerstone of democracy. Judges are the highest officials of the judiciary, as independent arbitrators they are relied upon to perform their ... cy.BIBLIOGRAPHYCoper, Michael., "The Court as a Political Institution", The Oxford Campanion to the High Court of Australia, Tony Blackshield, Michael Coper, George Williams (eds.), Oxford University ... Oxford University Press, 2001.Evans, Simon., "Appointment of Justices", The Oxford Campanion to the High Court of Australia, Tony Blackshield, Michael Coper, George Williams (eds.), Oxford University ...

(5 pages) 74 0 4.0 May/2003

Subjects: Law & Government Essays > Law > Issues

Australian Court System.

ver the nation as a whole and State courts handle matters, which come under State jurisdiction. The High Court of Australia is an example of federal court; it is the highest court in the Australian ju ... ranked court in a state or territory.At the head of the judicial system of the commonwealth is the High Court of Australia. Established in 1901 by Section 71 of the Constitution the High Court consis ...

(2 pages) 71 0 3.8 Jun/2003

Subjects: Law & Government Essays

All about Australian Law system aND the australian jury.

trials of offences against the laws of the commonwealth, made on a unanimous ruling in 1993, in The High Court of Australia. Its principal reasons were that when the Australian colonies agreed in 1900 ... that because hung juries were relatively rare (less than ten percent of jury trials) and because a high proportion of cases with hung juries (in recent years in New South Wales, about forty-three per ...

(3 pages) 49 0 3.0 Jul/2003

Subjects: Law & Government Essays

Is a bill of rights wrong?

re are also our implied rights, such as freedom of political expression, which are supported by the High Court of Australia. In addition to these rights, we have assumed rights like free education bef ... l and welfare benefits. Although these rights have not been written down in our constitution, it is highly unlikely that these rights will ever be taken away from us as they are listed in the United N ...

(3 pages) 129 3 4.4 Oct/2003

Subjects: Law & Government Essays > Civil Rights

Robert Gordon Menzies

retired was trying to unsuccessfully ban Australia's Communist Party out of Parliament.Some career highlights of Menzies are as follows: CH 1951, Kt cr 1963, QC. Educated University of Melbourne (LLM ...

(1 pages) 24 0 3.4 Mar/2004

Subjects: History Term Papers > Australian History

Evaluate the impact of the High Court of Australia on Australia's Federal Experience.

To evaluate the impact of the High Court on Australia's federal experience, it's important to discuss the High Court, ideas of cen ... important to discuss the High Court, ideas of centralism and federalism and the five phases of the High Court.The High Court of Australia is the superior court of the Australian hierarchy of courts. ... rpreting the constitution) and appellant jurisdiction over all civil and criminal law in Australia (highest court of appeal). The HCA also resolves inter se disputes between the Commonwealth and State ...

(6 pages) 79 0 4.4 Apr/2004

Subjects: Law & Government Essays

"The law of equity came about to remedy the defects of the common law system." Do you agree with this statement? Elaborate.

ssed by Jacobs J. The suit was reversed by the Full Court of the New South Wales Supreme Court. The High Court of Australia decided that the appellate was guilty of carrying on a "trade" and should be ...

(4 pages) 124 0 4.6 Apr/2004

Subjects: Law & Government Essays > Law

The relationship between human rights and common law

m changing the law without the authorization of the parliament .However, the modern approach of the High Court of Australia has been a rejection of this "black letter law" approach and an adoption of ... in the...principles of international law" .These principles have been employed and affirmed by the High Court in Dietrich v R (Dietrich).In Dietrich, the High Court granted leave to the accused who w ...

(10 pages) 223 0 4.5 May/2004

Subjects: Law & Government Essays > Human Rights

The element of consideration in forming a valid contract has been subject to great discussion and debate as to its real significance and its role played in the law of contracts.

dred years later, to a certain extent, his argument would be re-enstated and made common law in the High Court of Australia in the case of Waltons Stores (Interstate) Co Ltd v Maher. However this was, ... eives in exchange.Promissory EstoppelHowever, as recently as 1988, the case of Waltons v Maher, the High Court of Australia ruled that despite there being no consideration and therefore no contract ev ...

(11 pages) 274 0 3.8 May/2004

Subjects: Law & Government Essays

What was the consitutional issue in Brandy V HREOC, what did the court decide? What broader implications does it have?

al Opportunity Commission (HREOC) determination under the Racial Discrimination Act 1975 (Cth). The High Court of Australia had decided that since HREOC was not constituted as a court according to Cha ... ter III of the Constitution, this characteristic is evident in Brandy V HREOC. The decision made by High Court invalidated the enforcement mechanism for decisions of HREOC on the grounds that it infri ...

(6 pages) 62 0 5.0 May/2004

Subjects: Law & Government Essays > Law

Separation of Powers

ing a member of the Communist Party a criminal offence. The Act was brought to the attention of the High Court of Australia and the courts overruled the decision, stating that the government had acted ...

(5 pages) 123 0 4.3 Aug/2004

Subjects: Law & Government Essays

High Court and Australian Legal System.

mpetent tribunal which would protect the Constitution and oversee its agencies."[A reference to the High Court of Australia - Galligan, B, 'The Power of Seven' Smith, M Legal Process, 6th ed. Sydney, ... ural creation which is the necessary and essential complement of a federal Constitution." Hence the High Court of Australia.Deakin went on to state that "there were three fundamental conditions of a f ...

(8 pages) 64 0 5.0 Jan/2006

Subjects: Law & Government Essays > Law

Aboriginal Rights

d non-Aboriginal Australians.The Mabo Decision of 1992 and the Native Title Act of 1993 are both of high significance to the recognition of Aboriginal rights in the twentieth century. It ultimately re ... 982 to the Supreme Court of Queensland, who denied the native title. The case was then taken to the High Court of Australia, where it ruled in the 'Mabo and Others v The State of Queensland' case, by ...

(4 pages) 44 0 3.7 May/2006

Subjects: History Term Papers > Australian History

Seeking Refuge in Australia-Australia's legislation

ights instruments and international agreements on civil and political rights. On 6 August 2004, the High Court of Australia handed down its decision in Al Kateb v Godwin which held that unsuccessful a ... an rights' obligations the Australian Government needs to review its current policies. Now that the High Court has found indefinite detention to be permissible under the Migration Act, Australia's det ...

(10 pages) 36 2 5.0 Sep/2006

Subjects: Law & Government Essays > Law > Issues

Memo: Expanding marketing areas to include Australia

rrently provide.Sydney is a major tourist attraction. There are eleven prominent hotels in Sydney's high traffic area. I have briefly spoken to several of the managers and they were genuinely excited ... system is one of democratic, federal-state system recognizing the British monarch as sovereign. The High Court of Australia decides constitutional questions. It also serves as the nation's court of fi ...

(3 pages) 35 1 4.0 Sep/2006

Subjects: Businesss Research Papers

Interpretation Of The Australia Constitution

; (Constitution, 61-68).The judicial power is vested in the Federal Supreme Court also known as the High Court of Australia, and in other such federal courts which the Parliament may create. The High ... ed is by turning 70 years old, this change was made during the Constitution Alteration of 1977. The High Court is similar to the US's Federal Supreme Court, in that all judgments are final, and to get ...

(5 pages) 35 0 0.0 Apr/2001

Subjects: Law & Government Essays

The High court of Australia

1)What is the role of the High Court in Australia?The High Court of Australia is the nations most fundamental legal tribunal. ... lia Constitution Act of 1900. Under the original jurisdiction, the exclusive role of the Australian High Court is to interpret the constitution through making decisional outcomes upon existing dispute ... ution through making decisional outcomes upon existing disputes on constitutional matters.Under the High Court of Australia, appellate jurisdiction exists. This particular jurisdiction covers a large ...

(7 pages) 32 0 5.0 Oct/2007

Subjects: Law & Government Essays > Law

Federalism Case Study

ince then, including once in Australia in the first substantial constitutional case held before the High Court of Australia, which is their equivalent to the Supreme Court (D'Emden v Pedder).Again, in ...

(5 pages) 51 4 4.0 Nov/2007

Subjects: Law & Government Essays > Law

Law and Ethics in Journalism - Freedom of Speech

information being widely known, and this may be the case even for public figures.A judgment of the High Court of Australia has significant consequences on interpretation of the law. On 10 December 20 ... p.8)The Associated Press estimates that 95% of libel cases involving news stories do not arise from high-profile news stories, but "run of the mill" local stories like news coverage of local criminal ...

(6 pages) 43 0 5.0 Jun/2009

Subjects: Social Science Essays > Communication Studies

Essay about the importance of the independence of the judiciary in Australia

The judicial power of the commonwealth shall be vested in a Federal Supreme Court, to be called the High Court of Australia, and in such other federal courts as the Parliament creates, and in such oth ... ts as the Parliament creates, and in such other courts as it invests with federal jurisdiction. The High Court shall consist of a chief justice and so many other justices, not less than two, as the Pa ...

(7 pages) 1595 0 0.0 Aug/2009

Subjects: Law & Government Essays > Law