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Abstention Doctrine

Abstention Doctrine  

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Overview Page
Subject:
Law
One of a number of policies adopted by the Supreme Court that allow the federal judiciary to refrain from ruling on constitutional questions. Often called the “Pullman” abstention doctrine because ...
ALP (principles and practice)

ALP (principles and practice)  

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Overview Page
The Australian Labor Party (ALP) was established ‘to create a better, fairer life for working people’. From this foundation Labor's values, policy, and practice have evolved in response to national ...
Australia Acts

Australia Acts  

Reference type:
Overview Page
Subject:
Law
Two substantially identical Acts passed in 1986 by the Australian and UK Parliaments, preceded by enabling legislation in the Australian states. The Acts terminated the power of the UK Parliament ...
Barron v. Baltimore

Barron v. Baltimore  

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Overview Page
• 7 Pet. 243 (1833)• Vote: 7–0• For the Court: Marshall• 7 Pet. 243 (1833)• Vote: 7–0• For the Court: MarshallJohn Barron owned docks and warehouses ...
Commonwealth–state relations

Commonwealth–state relations  

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Overview Page
Cover a broad range of associations, agreements, and institutional arrangements for carrying on the complex business of governing in a federal system. The constitution provides the basic skeleton of ...
constitutional conventions

constitutional conventions  

Reference type:
Overview Page
Subject:
Law
Practices relating to the exercise of their functions by the Crown, the government, Parliament, and the judiciary that are not legally enforceable but are commonly followed as if they were. One of ...
constitutional law

constitutional law  

Reference type:
Overview Page
Subject:
Law
One of the eleven core subjects a law student must pass to qualify as a candidate for admission to practise law. See Priestley eleven.Constitutional law is a public law ...
corporatism

corporatism  

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Overview Page
A concept of a political economic system in which economic decisions are achieved through negotiation between centralized corporate bodies representing interest groups. In particular, under ...
federalism

federalism  

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Overview Page
Subject:
Law
A political system in which power is vested in an association of constituents, rather than in a central government set over and above them. The Federalist Papers were a series of articles written ...
Fifth Amendment

Fifth Amendment  

Reference type:
Overview Page
Subject:
Law
One of the ten ‘Bill of Rights’ amendments (1791) to the United States Constitution, this guarantees citizens that ‘due process’ will be observed by governing authorities in the event of their arrest ...
Fifth Amendment Immunity

Fifth Amendment Immunity  

Reference type:
Overview Page
Subject:
Law
The Fifth Amendment guarantees that “no person … shall be compelled in any criminal case to be a witness against himself.” Sometimes called the Great Right, the privilege against self‐incrimination ...
Governor

Governor  

Have undergone a transformation in Australia since 1788. Captain Arthur Phillip, first governor of NSW, was practically the absolute ruler of the penal settlement. His successors (also naval captains ...
habeas corpus

habeas corpus  

Reference type:
Overview Page
Subject:
Law
A prerogative writ used to challenge the validity of a person's detention, either in official custody (e.g. when held pending deportation or extradition) or in private hands. Deriving from the royal ...
Higher Education

Higher Education  

Programmes of study which lead to advanced qualifications such as those at National Qualifications Framework (NQF) level 5 or 6 and above, such as degrees and diplomas. These are usually offered in ...
Independent and Adequate State Grounds Doctrine

Independent and Adequate State Grounds Doctrine  

Reference type:
Overview Page
Subject:
Law
The Supreme Court first enunciated the independent and adequate state grounds doctrine in Murdock v. Memphis (1875). It later stated succinctly in Fox Film Corp. v. Muller (1935) the grounds ...
Inverse Condemnation

Inverse Condemnation  

Reference type:
Overview Page
Subject:
Law
Inverse condemnation is a cause of action that can be brought by a property owner when a governmental entity allegedly has taken property without initiating any formal eminent domain proceedings. ...
Judicial Committee of the Privy Council

Judicial Committee of the Privy Council  

Reference type:
Overview Page
Subject:
Law
A tribunal, created by the Judicial Committee Act 1833, consisting of the Lord Chancellor, Lord President of the Council and ex-Lords President, Lords of Appeal in Ordinary, and other members of the ...
Michigan v. Long

Michigan v. Long  

Reference type:
Overview Page
Subject:
Law
463 U.S. 1032 (1983), argued 23 Feb. 1983, decided 6 July 1983 by vote of 6 to 3; O’Connor for the Court, Blackmun concurring, Brennan, Marshall, and Stevens in dissent. The Supreme Court's most ...
Nationhood, Court's role in building

Nationhood, Court's role in building  

Reference type:
Overview Page
Subject:
Law
The High Court has played an important role in recognising the attainment and effect of Australia's independence as a nation, especially given the absence, for the most part, of any ...
Police Power

Police Power  

Reference type:
Overview Page
Subject:
Law
For two centuries, judges and scholars alike have repeatedly affirmed that the concept of the “police power” resists a clear definition. Indeed, it seems that the leading characteristic of the ...

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