Politics of Norfolk Island takes place in a framework of a parliamentary representative democratic entity. Norfolk Island is the only non-mainland Australian territory to have achieved self-governance. The Norfolk Island Act 1979, passed by the Parliament of Australia in 1979, is the Act under which the island is governed.
The Australia Act 1986 is the short title of each of a pair of separate but related pieces of legislation: one an act of the Parliament of Australia, the other an act of the Parliament of the United Kingdom. In Australia they are referred to, respectively, as the Australia Act 1986 (Cth) and the Australia Act 1986 (UK). These nearly identical Acts were passed by the two parliaments, because of uncertainty as to whether the Commonwealth Parliament alone had the ultimate authority to do so. They were enacted using legislative powers conferred by enabling Acts passed by the parliaments of every Australian state. The Acts came into effect simultaneously, on 3 March 1986.
Australian constitutional law is the area of the law of Australia relating to the interpretation and application of the Constitution of Australia. Legal cases regarding Australian constitutional law are often handled by the High Court of Australia, the highest court in the Australian judicial system. Several major doctrines of Australian constitutional law have developed.
The New South Wales Government, also known as the NSW Government, is the governing body of New South Wales, Australia. The executive government comprises 11 portfolios, led by a ministerial department and supported by several agencies. There are also a number of independent agencies that fall under a portfolio but remain at arms-length for political reasons, such as the Independent Commission Against Corruption and Electoral Commission. The state Executive Council, consisting of the governor and senior ministers, exercises the executive authority through the relevant portfolio.
The second question of the 1967 Australian referendum of 27 May 1967, called by the Holt government, related to Indigenous Australians. Voters were asked whether to give the Commonwealth Parliament the power to make special laws for Indigenous Australians in states, and whether Indigenous Australians should be included in official population counts for constitutional purposes. The term "the Aboriginal Race" was used in the question.
The 1913 Australian referendum was held on 31 May 1913. It contained six referendum questions and was held in conjunction with the 1913 federal election.
The Constitution Alteration Bill 1946, was a successful proposal to alter the Australian Constitution to give the Commonwealth power over a range of social services. The question was put to a referendum in the 1946 Australian referendum with two other (unrelated) questions. It was carried and inserted into section 51 of the Australian Constitution.
The Constitution Alteration (Aviation) Bill 1936, was an unsuccessful proposal to alter the Australian Constitution to extend the Commonwealth legislative power in respect to air navigation and aircraft. It was put to voters for approval in a referendum held on 6 March 1937.
The Constitution Alteration (Marketing) Bill 1936, was an unsuccessful proposal to alter the Australian Constitution to ensure that the Commonwealth could continue legislative schemes for the marketing of agricultural produce such as the quota for dried fruits. It was put to voters for approval in a referendum held on 6 March 1937.
The legal system of Australia has multiple forms. It includes a written constitution, unwritten constitutional conventions, statutes, regulations, and the judicially determined common law system. Its legal institutions and traditions are substantially derived from that of the English legal system. Australia is a common-law jurisdiction, its court system having originated in the common law system of English law. The country's common law is the same across the states and territories.
The separation of powers in Australia is the division of the institutions of the Australian government into legislative, executive and judicial branches. This concept is where legislature makes the laws, the executive put the laws into operation, and the judiciary interprets the laws; all independently of each other. The term, and its occurrence in Australia, is due to the text and structure of the Australian Constitution, which derives its influences from democratic concepts embedded in the Westminster system, the doctrine of "responsible government" and the United States version of the separation of powers. However, due to the conventions of the Westminster system, a strict separation of powers is not always evident in the Australian political system, with little separation between the executive and the legislature, with the executive required to be drawn from, and maintain the confidence of, the legislature; a fusion.
The reserved powers doctrine was a principle used by the inaugural High Court of Australia in the interpretation of the Constitution of Australia, that emphasised the context of the Constitution, drawing on principles of federalism, what the Court saw as the compact between the newly formed Commonwealth and the former colonies, particularly the compromises that informed the text of the constitution. The doctrine involved a restrictive approach to the interpretation of the specific powers of the Federal Parliament to preserve the powers that were intended to be left to the States. The doctrine was challenged by the new appointments to the Court in 1906 and was ultimately abandoned by the High Court in 1920 in the Engineers' Case, replaced by an approach to interpretation that emphasised the text rather than the context of the Constitution.
The Constitution of Australia is the fundamental law that governs the political structure of Australia. It is a written constitution, that establishes the country as a federation under a constitutional monarchy governed with a parliamentary system. Its eight chapters sets down the structure and powers of the three constituent parts of the federal level of government: the Parliament, the executive government and the judicature.
A referendum concerning the abolition of the New South Wales Legislative Council was put to New South Wales voters on 29 April 1961. The abolition was specifically rejected by voters. The text of the question was:
Do you approve of the Bill entitled "A Bill for an Act to Abolish the Legislative Council to provide that another Legislative Council shall not be created, constituted or established nor shall any Chamber, Assembly or House, other than the Legislative Assembly, designed to form part of the Legislative Parliament of New South Wales, be created, constituted or established until a bill for the purpose has been approved by the electors in a referendum to amend the Constitution Act, 1902 and certain other Acts; and for purposes connected therewith."
Sir John Beverley Peden was an Australian jurist and politician. Born in Randwick to farmer Magnus Jackson Peden, a mayor of Randwick, and Elizabeth Neathway Brown, he attended public school at Bega before studying at Sydney Grammar School and the University of Sydney, where he received a Bachelor of Arts in 1892 and a Bachelor of Laws in 1898. He was an assistant lecturer in Latin at the university from 1896 to 1898, when he was called to the bar. He lectured in law from 1903 and became a professor and faculty dean in 1910. Appointed to the New South Wales Legislative Council as a Nationalist in 1917, from 1929 to 1946 he was president of the council; he was both the last president appointed directly by the governor, and the first elected by his fellow councillors. Peden died in Paddington in 1946.
Members of the New South Wales Legislative Council who served from 1930 to 1932 were appointed for life by the Governor on the advice of the Premier. This list includes members between the 1930 state election on 25 October 1930 and the 1932 state election on 11 June 1932. The President was Sir John Peden. The Premier Jack Lang had been seeking to swamp the council, however the Governor Sir Philip Game had declined to do so in November 1930, March, June and September 1931 when Lang sought 70 new members be appointed. In November 1931 Lang dropped his request to 25 new members and the governor agreed to the request. This raised the number of members of the council from 85 to 110.
Federated Amalgamated Government Railway & Tramway Service Association v NSW Rail Traffic Employees Association, known as the Railway Servants Case, is an early High Court of Australia case that held that employees of State railways could not be part of an interstate industrial dispute under the conciliation and arbitration power, applying the doctrine of "implied inter-governmental immunities". The doctrine was emphatically rejected by the High Court in the 1920 Engineers' Case, and in 1930 the High Court upheld the validity of an award binding on state railway authorities.
SS Kalibia v Wilson, was the first decision of the High Court of Australia on the extent of the power of the Australian Parliament to make laws about shipping and navigation, including the Admiralty jurisdiction of the High Court. The High Court held that the power was limited to overseas and interstate trade and commerce. There was no separate power about navigation and shipping.
A referendum concerning the reform of the New South Wales Legislative Council was put to New South Wales voters on 13 May 1933 and was passed by the voters with a margin of 2.94%. The text of the question was:
Do you approve of the Bill entitled "A Bill to reform the constitution and alter the Powers of the Legislative Council; to reduce and limit the number of Members of the Legislative Council; to reconstitute the Legislative Council in accordance with the reformed constitution; to amend the Constitution Act, 1902, and certain other Acts; and for purposes connected therewith."
There have been 18 referendums in New South Wales, 8 of which concerned proposals to amend the New South Wales Constitution, half of which concerned the Legislative Council. While the Constitution of Australia was adopted after the 1898 and 1899 referendums in all of the proposed states, the constitution of New South Wales, promulgated in 1902, was an Act of the Parliament of New South Wales which could be amended by parliament. Since 1927 the constitution has included provisions that can only be amended following approval in a referendum. 8 of the referendums, including 5 on the sale of alcohol, did not involve any proposed amendment to the constitution. While these have traditionally been called referendums, they could also be described as plebiscites.
