INTERSTATE-COMMISSION ~ Section 101

Section 101 of the Constitution provides that: There shall be an Inter-State Commission with such powers of adjudication and administration as the Parliament deems necessary for the execution of maintenance, within the Commonwealth, of the provisions of this Constitution relating to trade and commerce, and all laws made there under.   16 pages 14 pages Read More …

Best Interests Principle in Child Protection Law

I INTRODUCTION The overarching principle in Australian child protection law is that the best interests of the child are to be regarded as paramount. Despite the large amount of scholarly work that considers the best interests principle as it applies to family law, the adequacy of this principle for child protection matters has not been explored Read More …

Peace, Order and Good Government.

Commonwealth At the establishment of the Commonwealth the framers had, therefore, three versions of empowering provision from which to choose. It would seem that the issue was not one considered to be of any moment by the majority of delegates and stimulated little interest at the convention, with  the result thats s51and 52 of the Read More …

CONSTITUTIONAL POWERS & EXTRATERRITORIAL ENFORCEMENT

Extraterritorial Application of Australian Statutes Australian statutes are restricted generally in their operation to activities that take place within the relevant jurisdiction. 1 In effect, this means that statutes are presumed to have no extraterritorial application. Unless, either by express words or necessary implication a statute applies beyond the boundaries of the relevant jurisdiction, it Read More …

Magna Carta 800 Symposium

Proceedings of a symposium held by the Department of the Senate and the Rule of Law Institute of Australia to commemorate the 800th anniversary of the sealing of Magna Carta Contributors Dr Rosemary Laing has served as Clerk of the Senate since December 2009. Nicholas Cowdery AM QC is the chair of the Magna Carta Read More …

The Use of the Coat of Arms

The 1912 Arms was a symbol of the new nation, incorporating a shield with six parts, each containing the badge of a state. The distinctive composition of Australia’s Coat of Arms, shaped by the dominant figures of the indigenous animals, the kangaroo and the emu, underlies the wide appeal of the Arms.     If Read More …

THE CROWN.

WHAT IS THE CROWN? Though Australia has not yet thrown off the symbolism of the Crown, its presence in areas of our governmental systems is relatively confined. True it is that the Crown and the monarch feature in the Constitution and that this will remain the case for the immediately foreseeable future, but, despite this Read More …