Archimedes, aid/watch, constitutional levers and where we now stand


Autoria(s): Turnour, Matthew; Turnour, Elizabeth
Contribuinte(s)

Harding, Matthew

O'Connell, Ann

Stewart, Miranda

Data(s)

2014

Resumo

Archimedes is reported as famously saying: 'Give me a place to stand and I will move the earth.' He was referring to the power of levers. His point was that a person of ordinary capacity with a place to stand, a fulcrum and a level could change the path of planets. This principle of physics is a metaphor for how the common law has moved over the last millennium. Courts have found a stable foundation on which to stand, such as the constitutional bedrock or well-grounded precedent, and, using cases as fulcrums and legal principles as levers, the have moved the law. Australia is at a critical juncture in the development of the law of charities. The High Court of Australia has held that political purposes can be charitable in certain circumstances. The Parliament of Australia has not only enshrined this in a statutory definition of charity but has done so with a preamble to the legislation which affirms the basis for this development in residing in the 'unique nature and diversity of charities and the distinctive and important role that they play in Australia'.

Identificador

http://eprints.qut.edu.au/72997/

Publicador

Cambridge University Press

Relação

http://www.cambridge.org/au/academic/subjects/law/comparative-law/not-profit-law-theoretical-and-comparative-perspectives?format=HB

Turnour, Matthew & Turnour, Elizabeth (2014) Archimedes, aid/watch, constitutional levers and where we now stand. In Harding, Matthew, O'Connell, Ann, & Stewart, Miranda (Eds.) Not-for-Profit Law. Cambridge University Press, Cambridge, United Kingdom, pp. 37-60.

Fonte

Australian Centre for Philanthropy and Nonprofit Studies; QUT Business School; School of Accountancy

Palavras-Chave #180000 LAW AND LEGAL STUDIES #180100 LAW #Constitutional leverage #Aid/Watch #Charities Act 2013
Tipo

Book Chapter