25 resultados para 1991 Constitution

em Deakin Research Online - Australia


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Why the Australian Constitution is irrelevant - while some aspects of the Constitution, such as the separation of powers doctrine, provide the prospect for a Constitution that is more committed to principles of relevance to the citizenry, consideration must be given to the role played by the Constitution in Australian society, and whether it is as important as it should be - effort spent interpreting many sections of the Constitution has been a waste of the High Court's time and energy - given that no important rights and duties are at stake, consistency should be the main objective for the Court in such cases - in the teaching of constitutional law, less time should be spent focusing on mechanistic case law - emphasis should be placed on the values and ideals that inform the content and development of constitutional principles.

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Compatibility of a law with implied freedom of political communication - application of test of constitutionality outlined in Lange case - argues that two-tier approach be abandoned - if a law regulates the content of a political communication, not its mode, more rigorous judicial scrutiny will follow - should be a single test for constitutionality where application is through the proportionality framework and informed by the rationale of the implied freedom - application to Australian racial vilification laws.

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The thesis covers a series of two and three-dimensional installations created in the investigation of both metaphorical and literal perceptions of form. The journey leads from the idea of painted-related dissolution of form in the early works, to the translation from three-dimensional to two-dimensional installations, and lastly, to experimentation with sound works where non-physical form is explored.

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This paper analyses in detail the coverage of two milestones in Iraq's shift towards democracy: the drafting and approval of the constitution by Iraq s interim government (August 2005) and the ratification of this constitution via the Iraqi polls (October 2005). Aside from some rudimentary quantitative analysis, a critical discourse analysis method is utilised to compare and contrast the discursive practices used in three of Australia s leading daily newspapers (The Australian, The Sydney Morning Herald and The Age) with three Middle Eastern English-language papers (The Daily Star, Anadolu Agency and the Jordan Times). The paper finds that the Australian print media continues the neo-Orientalist tradition of media coverage of Middle Eastern democracy, while the Middle Eastern press eschews these discourses in favour of a more open, varied debate on Iraq s constitution and the future of democracy across the region.

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This article describes constitutional and socio-historical background to the referendum that led to the inserrion of s 51(xxiijA) into the Commonwealth Constitution. It traces judicial interpretations of the clause 'but not so as to authorise any fonn of civil conscription' through the major cases, including British Medical Association v Commonwealth, General Practitioners Society v Commonwealth, and Alexandra Private Geriatric Hospital Pty Ud v Commonwealth. The issue of the powers of the Commonwealth to regulate private medical practice without infringing the constitutional guarantee against civil conscription is analysed in the context of the development of National Health Care Schemes for financing medical benefits (Health Insurance Commission v Peverill). Constitutional aspects of the 1995 legislation enabling the introduction into Australia of purchaser-provider agreements ('managed care ') are also examined. Finally, the article questions the constitutionality of the Australian Competition and Consumer Commission s powers to regulate the essential elements of the patient-doctor relationship.