Buch, Englisch, 200 Seiten, Format (B × H): 135 mm x 208 mm, Gewicht: 254 g
Buch, Englisch, 200 Seiten, Format (B × H): 135 mm x 208 mm, Gewicht: 254 g
ISBN: 978-1-86287-642-2
Verlag: Federation Press
Andrew Stewart and George Williams, leading scholars and media commentators, explain what has been called the most important decision of the Australian High Court since the Tasmanian Dam Case in 1983. They show what was being argued and why it was being argued, as well as what was decided and the implications for Australia’s future. They include key passages of the majority judgment, and from the dissents of Justices Kirby and Callinan. Is this “a destabilising intrusion of direct federal lawmaking into areas of legislation which, since federation, have been the subjects of State laws†(Justice Kirby)? Might it reduce State Parliaments to “impotent debating societies†(Justice Callinan)?
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Contents Part I - Background Introduction Australia's Federal System Labour Relations and the Constitution The Work Choices Legislation The Constitutional Challenge Part II - The Decision Interpreting the Constitution The Scope of the Corporations Power The Relationship Between the Corporations Power and the Industrial Arbitration Power Excluding State Laws Making Law Through Regulations Other Issues Part III - The Implications What it Means for Labour Relations What it Means for the Federation Extracts from the Australian Constitution Select Bibliography Index