ON THIS DAY in 2006, a record total of 39 barristers appeared before the High Court of Australia in the one matter at the opening of the WorkChoices case.
Category Archives: Constitutional law
2005 | Iraqi Constiution
ON 15 OCTOBER 2005, Iraq adopted it’s new constitution.
Click to access IraqiConstitution.pdf
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Al-Kateb v Godwin [2004] HCA 37
ON 6 AUGUST 2004, the High Court of Australia delivered Al-Kateb v Godwin [2004] HCA 37; 219 CLR 562; 208 ALR 124; 78 ALJR 1099 (6 August 2004).
http://www.austlii.edu.au/au/cases/cth/HCA/2004/37.html
The High Court held that the provisions under the Migration Act 1958 (Cth) requiring the continued detention of non-citizens for an indefinite period are not prohibited by the Constitution because the purpose of the legislation is the eventual removal of those persons.
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Plaintiff S157/2002 v Commonwealth [2003] HCA 2
ON 4 FEBRUARY 2003, the High Court of Australia delivered Plaintiff S157/2002 v Commonwealth [2003] HCA 2; 211 CLR 476; 195 ALR 24; 77 ALJR 454 (4 February 2003).
http://www.austlii.edu.au/au/cases/cth/HCA/2003/2.html
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Constitution of the Democratic Republic of Timor-Leste
ON 20 MAY 2002, East Timor became an independent sovereign nation under the Constitution of the Democratic Republic of Timor-Leste.
http://timor-leste.gov.tl/?cat=37&lang=en
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Bush v Gore [2000] 531 US 98
ON 12 DECEMBER 2000, the US Supreme Court delivered Bush v Gore 531 US 98 (2000).
https://supreme.justia.com/cases/federal/us/531/98/case.html
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Re Wakim [1999] HCA 27
ON 17 JUNE 1999, the High Court of Australia delivered Re Wakim [1999] HCA 27; 198 CLR 511; 163 ALR 270; 73 ALJR 839 (17 June 1999).
http://www.austlii.edu.au/au/cases/cth/HCA/1999/27.html
The High Court held that the provisions of the Corporations Law and cross-vesting legislation that purport to confer State jurisdiction on Federal Courts are constitutionally invalid, although State courts may continue to exercise Federal jurisdiction or each other’s jurisdiction.
The decision led to enactment of the Commonwealth Corporations Act 2001, a Federally administered company law which could also be exercised in State Courts.
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Abebe v Commonwealth [1999] HCA 14
ON 14 APRIL 1999, the High Court of Australia delivered Abebe v Commonwealth [1999] HCA 14; 197 CLR 510; 162 ALR 1; 73 ALJR 584 (14 April 1999)
http://www.austlii.edu.au/au/cases/cth/HCA/1999/14.html
In 1994, the Commonwealth Parliament enacted provisions in Part 8 of the Migration Act 1958 (Cth) limiting the ability of the Federal Court to review the legality of an administrative decision of the Refugee Review Tribunal.
In 1997, Ms Abebe, an Ethiopian woman who unsuccessfully sought refugee status in Australia, brought proceedings in the Federal Court against the Immigration Minister seeking relief on the grounds that she had been denied natural justice and that the Refugee Review Tribunal’s decision declining her application for permanent residence was unreasonable. The Federal Court dismissed the application.
Ms Abebe then made an application to the High Court, challenging Part 8 of the Act and seeking orders for prerogative relief.
The High Court dismissed Ms Abebe’s application, determining that the provisions of Part 8 were not outside of the legislative powers or the Commonwealth.
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Lange v Australian Broadcasting Corporation (“Political Free Speech case”) [1997] HCA 25
ON 8 JULY 1997, the High Court of Australia delivered Lange v Australian Broadcasting Corporation (“Political Free Speech case”) [1997] HCA 25; (1997) 189 CLR 520; (1997) 145 ALR 96; (1997) 71 ALJR 818 (8 July 1997).
http://www.austlii.edu.au/au/cases/cth/HCA/1997/25.html
The court re-examined it’s earlier decisions of Stephens v West Australian Newspapers Ltd [1994] HCA 45; (1994) 182 CLR 211; (1994) 124 ALR 80 (1994) Aust Torts Reports 81-298 (12 October 1994) http://www.austlii.edu.au/au/cases/cth/HCA/1994/45.html and Theophanous v Herald & Weekly Times Ltd [1994] HCA 46; (1994) 182 CLR 104; (1994) 124 ALR 1 (1994) Aust Torts Reports 81-297 (12 October 1994) http://www.austlii.edu.au/au/cases/cth/HCA/1994/46.html.
Implied from the text and structure of the Constitution is a freedom of communication between the public concerning government or political matters. The freedom restricts legislative and executive powers but does not confer individual rights and freedoms. Accordingly, there is no constitutional freedom of communication defence to a defamation action as had been previously held in Stephens and Theophanous. However, the common law provides a defence of qualified privilege to defamation actions involving government or political matters provided that the comment is reasonable and not malicious.
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Euthanasia Laws Act 1997
ON THIS DAY in 1997 the Commonwealth parliament passed the Euthanasia Laws Act 1997 which overturned the Northern Territory legislation that legalised voluntary euthanasia for the terminally ill.
http://www.austlii.edu.au/au/legis/cth/num_act/ela1997161/
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