Download or read book The Tasmanian Dam Case 30 Years on written by Michael Coper and published by . This book was released on 2017 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: In one of the great contests between State and federal power, the Tasmanian Dam Case pitted the immovable object of Tasmania's commitment to a massive hydro-electric project against the irresistible force of the Commonwealth's determination to protect the environment. Who would prevail? Was it more important to create jobs and provide cheap power, or to preserve the natural beauty of the Tasmanian wilderness? On whom did the Australian Constitution confer the power to decide this question? By the narrowest of majorities, the High Court decided in 1983 that the Commonwealth had the final say, and upheld legislation that prohibited the construction of a dam on the Gordon River below the Franklin. Because of the passions aroused by the case, the Court took the unprecedented step of issuing a statement explaining that its job was not to decide whether the proposed dam was a good idea or not, but to determine whether this was a matter of State or federal power. Yet this issue was just as hotly contested. Could any subject be brought within federal power merely by the presence of an international treaty on that subject? Would affirming this proposition destroy the intended balance between State and federal power? Would denying the proposition disable Australia from full participation in international affairs? Three decades after the High Court's decision, these and other questions of law and policy remain of vital importance. This book brings together a fascinating collection of commentaries on the impact of the decision, and how the hopes and fears following the decision have played out. This stimulating and timely book contains reflections from then Commonwealth Attorney-General Gareth Evans, then High Court Justice Sir Anthony Mason and leading Indigenous lawyer Professor Mick Dodson. The book also examines some novel questions, such as whether the outcome of the case was inevitable, how similar issues have played out in Canada, and whether better conservation outcomes are more likely to come from the Commonwealth or the States. These and other chapters offer fresh perspectives on one of the most important cases in High Court history.
Download or read book The Price of Power written by Douglas Ackley Lowe and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Tasmanian Dam Case and Its Subsequent Political Impact on the Environment in Australian Studies written by Mark Smitheram and published by . This book was released on 1994 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Dams Case written by Elizabeth Ward and published by . This book was released on 1983 with total page 13 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This paper examines the powers used by the Commonwealth to halt the Tasmanian dam and discusses the consequences of the High Court decision for future exercises of Commonwealth legislative power' - p. 1.
Download or read book Who Saved Antarctica written by Andrew Jackson and published by Springer Nature. This book was released on 2021-10-04 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a diplomatic history of a turning point in Antarctic governance: the 1991 adoption of comprehensive environmental protection obligations for an entire continent, which prohibited mining. Solving the mining issue became a symbol of finding diplomatic consensus. The book combines historiographic concepts of contingency, conjuncture and accidental events with theories of structural, entrepreneurial and intellectual leadership. Drawing on archival documents, it shows that Antarctic governance is more adaptive than some imagine, and policy success depends on the interplay of normative practices, serendipitous events, public engagement and influential players able to exploit those circumstances. Ultimately, the events revealed in this book show that the protection of the Antarctic Treaty itself remains as important as protecting the Antarctic environment.
Download or read book Australian Critical Decisions written by Ann Genovese and published by Routledge. This book was released on 2018-02-02 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1980s was a time of significant social, political and cultural change. In Australia law was pivotal to these changes. The two High Court cases that this book explores- Koowarta v Bjelke-Petersen in 1982 and the Tasmanian Dams case in 1983- are famous legally as they marked a decisive reckoning by the Court with both international law and federal constitutionalism. Yet these cases also offer a significant marker of Australia in the 1980s: a shift to a different form of political engagement, nationally and internationally, on complex questions about race, and the environment. This book brings these cases together for the first time. It does so to explore not only the legal legacy and relationship between Koowarta and Tasmanian Dams, but also to reflect on how Australians experience their law in time and place, and why those experiences might require more than the usual legal records. The authors include significant figures in Australian public life, some of whom were key participants in the cases, as well as established and respected scholars in law, history, Indigenous and environmental studies. The book offers a combination of personal recollections of the cases- the drama of how they were brought before the courts and decided- as well as a consideration of the cases’ ongoing significance in Australian life. This book was previously published as two special issues in the Griffith Law Review.
Download or read book Inside the Mason Court Revolution written by Jason Louis Pierce and published by . This book was released on 2006 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the Australian High Court's enormously controversial and politically explosive transformation during the 1990s. Led by Chief Justice Anthony Mason, the Court embarked on a concerted effort to recast its role within Australia's legal and political systems. The Court moved to the storm center of Australian politics as it became a catalyst for reforms that appeared unobtainable through parliamentary means, including rights for Australia's indigenous population and free speech protections. Securing unprecedented access to Australia's High Court and senior appellate judges, Pierce describes how the transformation unfolded, identifies the conditions that encouraged it, and explores how the Mason Court reforms have attenuated in recent years in the face of a hostile conservative government and in the absence of formal support structures, such as a bill of rights. The book situates the High Court's transformation in the wider context of similar changes that occurred in other common law judicial systems during recent decades, including the United States, Great Britain, and Canada. "Inside the Mason Court Revolution is the 'go to' book for a solid, accessible analysis of recent jurisprudential changes on Australia's High Court, an informative explanation of why these changes occurred, and thoughtful commentary on how permanent they may be." -- Law & Politics Book Review "Pierce intelligently analyses the reasons for the Court's activism during this period, such as the passage of the Australia Act 1986 and Australia's growing legal independence, the introduction of compulsory retirement for High Court judges, and the requirement for leave to appeal in virtually all cases. This excellent work cogently analyses the criticisms made of the Court during this period that it was too 'activist' and political' for an unelected body." -- Law Institute Journal "The book is based on more than eighty in-depth interviews with the senior judiciary in Australia in the late 1990s... Pierce quotes at length from the interviews, and it is extremely valuable to hear these judges in their own words... the quotes are enormous fun, and can be very thought provoking." -- Oxford University Commonwealth Law Journal "Herein lies the book's great importance, Pierce so convincingly argues--utilising the remarks of the very echelon of the Australian profession as support--that how courts function is dependent upon a complex interplay of legal, individual, institutional and political variables that neither camp--lawyer or political scientist--can remain happily in their comfort zone." -- Federal Law Review "Against what sorts of political standards do we assess claims of the use and abuse of judicial powers? The relevance of Pierce's fascinating book is that it provides a fresh answer to this quite fundamental question... Pierce deserves many non-Australian readers." -- The American Review of Politics "Pierce has thoroughly researched his subject and, for that reason, this book is a worthwhile addition to any library." -- Precedent Magazine "[T]he judicial comments recorded in this book are in many cases both thoughtful and thought-provoking. They provide great insight into the judicial role and method from those who practise it. Both the divergences and similarities in views are instructive and this material could well prove useful for future studies on the judiciary." -- Melbourne University Law Review
Download or read book Australian Constitutional Landmarks written by H. P. Lee and published by Cambridge University Press. This book was released on 2004-01-12 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: Australian Constitutional Landmarks presents the most significant cases and controversies in the Australian constitutional landscape up to its original publication in 2003. Including the Communist Party case, the dismissal of the Whitlam government, the Free Speech cases, a discussion of the race power, the Lionel Murphy saga, and the Tasmanian Dam case, this book highlights turning points in the shaping of the Australian nation since Federation. Each chapter clearly examines the legal and political context leading to the case or controversy and the impact on later constitutional reform. With contributions by leading constitutional lawyers and judges, as well as two former chief justices, this book will appeal to members of the judiciary, lawyers, political scientists, historians and people with a general interest in Australian politics, government and history.
Download or read book Non State Actors in the Protection of Cultural Heritage written by Jihon Kim and published by Springer Nature. This book was released on 2021-12-02 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive overview of international cultural heritage law from the perspectives of non-state actors (NSAs). In keeping with the significant developments concerning the status and roles of NSAs in international law over the last century, NSAs such as communities, experts, NGOs, and international organizations have become important participants in the implementation of international cultural heritage conventions. Indeed, due to the emergence of new ideas on common heritage and cultural rights in the 20th century, international cultural heritage law has become inconsistent with States’ claim to sole authority regarding the protection of cultural heritage. The author analyzes the texts of international cultural heritage conventions, as well as their operational texts, to track essential changes in the rights, obligations, and roles of NSAs since the mid-20th century. Practical cases on the status and roles of NSAs are introduced to glean empirical ideas and facilitate an in-depth understanding of their effectiveness. The analysis reveals that NSAs do have certain rights and responsibilities concerning the implementation of cultural heritage conventions, and their roles have been increasingly recognized. At the same time, however, discrepancies between text and practice can be observed when it comes to the status and roles of NSAs. They have emerged for various reasons, one of which is the politicization of conventions’ governance. Adopting the standpoint of the NSAs, the book emphasizes the need to explore innovative and practical mechanisms that will allow NSAs to attain their proper status and take on practical roles under international cultural heritage law, which will in turn ensure the sustainable protection of cultural heritage. This message becomes more pertinent to the current conflicts where various tensions between states and NSAs have arisen and the roles of NSAs have become more important.Given its scope, the book will be of special interest to students, researchers and professionals at government and non-government organizations in the fields of heritage, the arts, law, administration, and development.
Download or read book Journals and Printed Papers of the Parliament of Tasmania written by Tasmania. Parliament and published by . This book was released on 1910 with total page 2050 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Wage Rage for Equal Pay written by Jocelynne A. Scutt and published by Springer Nature. This book was released on with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Protecting Rights Without a Bill of Rights written by Dr Adrienne Stone and published by Ashgate Publishing, Ltd.. This book was released on 2013-01-28 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Australia is now the only major Anglophone country that has not adopted a Bill of Rights. Since 1982 Canada, New Zealand and the UK have all adopted either constitutional or statutory bills of rights. Australia, however, continues to rely on common law, statutes dealing with specific issues such as racial and sexual discrimination, a generally tolerant society and a vibrant democracy. This book focuses on the protection of human rights in Australia and includes international perspectives for the purpose of comparison and it provides an examination of how well Australian institutions, governments, legislatures, courts and tribunals have performed in protecting human rights in the absence of a Bill of Rights.
Download or read book The Constitution of the Commonwealth of Australia written by Nicholas Aroney and published by Cambridge University Press. This book was released on 2015-11-26 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution of the Commonwealth of Australia examines the body of constitutional jurisprudence in an original and rigorous yet accessible way. It begins by exploring the historical and intellectual context of ideas surrounding the Constitution's inception, and closely examines its text, structure, principles and purposes in that light. The book then unpacks and critically analyses the High Court's interpretation of the Constitution in a manner that follows the Constitution's own logic and method of organisation. Each topic is defined through detailed reference to the existing case law, which is set out historically to facilitate an appreciation of the progressive development of constitutional doctrine since the Constitution came into force in 1901. The Constitution of the Commonwealth of Australia provides an engaging and distinctive treatment of this fundamental area of law. It is an excellent book for anyone seeking to understand the significance and interpretation of the Constitution.
Download or read book Australian Public Policy written by Miller, Chris and published by Policy Press. This book was released on 2016-02-17 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when neoliberal and conservative politics are again in the ascendency and social democracy is waning, Australian public policy re-engages with the values and goals of progressive public policy in Australia and the difficulties faced in re-affirming them. It brings together leading authors to explore economic, environmental, social, cultural, political and indigenous issues. It examines trends and current policy directions and outlines progressive alternatives that challenge and extend current thinking. While focused on Australia, the contributors offer valuable insights for people in other countries committed to social justice and those engaged in the ongoing contest between neo-liberalism and social democracy. This is essential reading for policy practitioners, researchers and students as well those with an interest in the future of public policy.
Download or read book An Introduction to the Australian Constitution written by P. H. Lane and published by Lawbook Company. This book was released on 1990 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designed for students commencing study of Australian government and the Australian constitution, the book discusses developments such as the expansion of federal powers in the areas of corporations and external affairs, and the emergence of important commissions. Includes a copy of the Commonwealth Constitution.
Download or read book Public Health and Plain Packaging of Cigarettes written by Tania Voon and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Voon, Mitchell, and Liberman offer a penetrating analysis of the monumental struggle against smoking in the 21st century – the leading preventable cause of death in the world. Their book is undoubtedly the seminal scholarly examination of plain packaging of tobacco products. "Big Tobacco" is challenging plain packaging rules in trade, investment, and constitutional forums around the world. It is simply impossible to understand the law, policy, and profound social implications of tobacco control without this masterful text.' – Lawrence O. Gostin, Georgetown University and World Health Organization Centre on Public Health Law and Human Rights, US 'This book is a "must read" for anyone interested in tobacco regulation at the international level. Written by an impressive array of experts in a variety of fields, it deals with international rules on trade, investment, intellectual property, and public health, as well as constitutional issues in Australia – at the vanguard of plain packaging of tobacco – and other jurisdictions. It is an informative and timely guide to current debates on these important issues.' – Lorand Bartels, University of Cambridge, UK 'This book provides a definitive account of Australia's pioneering public health legislation on the plain packaging of tobacco products. the regime was designed to implement the World Health Organization Framework Convention on Tobacco Control and address the impacts of "the tobacco epidemic". A number of nation states plan on emulating Australia's exemplary regime. In a panic, the tobacco industry has sought to challenge the plain packaging of tobacco products under both Australian constitutional and administrative law, and international trade, investment, and intellectual property laws. This book provides a lucid, thoughtful, and intelligent analysis of the "mega-litigation" over the plain packaging of tobacco products, and highlights the necessity for public health measures in this area. It is a timely and prescient work.' – Matthew Rimmer, the Australian National University College of Law and ACIPA, Australia Tobacco use represents a critical global health challenge. the World Health Organization estimates that tobacco kills nearly 6 million people a year, with the toll expected to rise to 8 million annually over the next two decades. This detailed book, written by health and legal experts from institutions around the globe, examines legal issues arising from Australia's world-first introduction of mandatory plain packaging of tobacco products. the book offers an in-depth exploration of relevant domestic and international legal questions in fields such as intellectual property, constitutional law, health, trade and investment. the authors' analysis sheds light on broader questions relating to the capacity of governments to regulate tobacco products and the tobacco industry, and to regulate in the interests of public health more generally. the answers to these questions are of vital interest not only to Australia but also to the international community, with states' regulatory sovereignty increasingly being challenged in local and international courts and tribunals. This timely study is designed to assist international organisations, NGOs, policymakers, and scholars in law, medicine and health-related areas. Health professionals and advisors will also find much of interest here.
Download or read book The Future of Australian Federalism written by Gabrielle Appleby and published by Cambridge University Press. This book was released on 2012-03-08 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when the operation and reform of federal relations within Australia is squarely on the political agenda, this volume brings together eminent lawyers, economists and political scientists who explain, analyse and evaluate the theory and principles underpinning the Australian federal system. Topics covered include the High Court's approach to the interpretation of the Constitution and how this has influenced federal relations in practice; different forms of inter-governmental co-operative arrangements; fiscal relations between the Commonwealth and the States; and emergent ethno-cultural and socioeconomic diversity within the Australian Federation. Comparative perspectives from Germany, America, Canada, Switzerland, India and the European Union provide unique prisms through which to view the operation of the Australian system and to contemplate its reform.
