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Overview

Establishment

Subject: Religion

In ecclesiastical usage, the recognition by the State of a particular Church as that of the State. In OT Judaism and in much of the ancient world, religious observance was part of the ...

permanent establishment

permanent establishment   Quick reference

A Dictionary of Law Enforcement (2 ed.)

Reference type:
Subject Reference
Current Version:
2015
Subject:
Law
Length:
106 words

...establishment Most tax treaties operate so that business profits are taxed in the country of the taxpayer's residence , unless the taxpayer has a ‘permanent establishment’ in the other territory. In the model double-tax agreement drawn up by the Organization for Economic Cooperation and Development, a permanent establishment is defined as a ‘fixed place of business through which the business of an enterprise is wholly or partly carried on’. The model agreement goes on to state specifically that the term ‘permanent establishment’ includes a place of...

permanent establishment

permanent establishment   Quick reference

A Dictionary of Law (9 ed. )

Reference type:
Subject Reference
Current Version:
2018
Subject:
Law
Length:
113 words

...permanent establishment Most tax treaties operate so that business profits are taxed in the country of the taxpayer’s residence , unless the taxpayer has a “permanent establishment” in the other territory. In the model double tax agreement drawn up by the Organization for Economic Cooperation and Development, a permanent establishment is defined as a “fixed place of business through which the business of an enterprise is wholly or partly carried on”. The model agreement goes on to state specifically that the term “permanent establishment” includes a place...

right of establishment

right of establishment   Quick reference

A Dictionary of Law Enforcement (2 ed.)

Reference type:
Subject Reference
Current Version:
2015
Subject:
Law
Length:
30 words

...of establishment The right under EU law of a national of a member state of the European Union to engage in and manage businesses in any other member...

right of establishment

right of establishment   Quick reference

A Dictionary of Law (9 ed. )

Reference type:
Subject Reference
Current Version:
2018
Subject:
Law
Length:
32 words

...right of establishment The right under the Treaty of Rome of a national of a member state of the European Community to engage in and manage businesses in any other member state....

Establishment of Court

Establishment of Court   Reference library

The Oxford Companion to the High Court of Australia

Reference type:
Subject Reference
Current Version:
2007
Subject:
Law
Length:
2,390 words

... of Court . The primitive court arrangements brought to Australia on British settlement included avenues of appeals, in the modern sense, from early quasi-judicial officers to the colonial Governor and thence to the Privy Council . Those appeals were permitted partly by statute and partly by the royal prerogative. With the creation, from the 1820s, of colonial Supreme Courts having jurisdictions akin to those of the Superior Courts at Westminster, supervisory and corrective powers over lower courts were exercised by prerogative writs and other...

right of establishment

right of establishment  

Reference type:
Overview Page
Subject:
Law
The right under the Treaty of Rome of a national of a member state of the European Community to engage in and manage businesses in any other member state.
Establishment of Court

Establishment of Court  

Reference type:
Overview Page
Subject:
Law
The primitive court arrangements brought to Australia on British settlement included avenues of appeals, in the modern sense, from early quasi-judicial officers to the colonial Governor and thence to ...
Church and State, Separation of

Church and State, Separation of   Reference library

William M. Wiecek

The Oxford Encyclopedia of American Political and Legal History

Reference type:
Subject Reference
Current Version:
2013
Subject:
Social sciences, Politics, Law, History of Law
Length:
914 words

... ( 1997 )). Issues involving the “establishment” clause generally proved more controversial, however, evoking efforts for constitutional amendments to overturn Supreme Court rulings. Questions of state aid to parochial schools and released time for religious education ignited the controversy. In Everson v. Board of Education ( 1947 ), Justice Hugo Black adopted a strict interpretation of separation and imposed Jefferson ’s metaphor of “a wall of separation” as a canonical reading of the First Amendment. Establishment controversies nevertheless continued,...

Buckley, William F., Jr.

Buckley, William F., Jr.   Reference library

J. David Hoeveler

The Oxford Encyclopedia of American Political and Legal History

Reference type:
Subject Reference
Current Version:
2013
Subject:
Social sciences, Politics, Law, History of Law
Length:
303 words

... Buckley himself did not develop a consistent intellectual conservatism; his opinions could reflect any of the varieties he welcomed in his magazine. Usually, however, he saw American conservatives as a beleaguered minority standing against a dominant and privileged liberal establishment. Against this ascendancy, Buckley defended a conservative counterculture and its tribal loyalists. Through his longevity, sustained productivity, and public visibility, Buckley served the conservative intellectual movement as a paterfamilias. [ See also Anti-Communism ;...

Alcatraz, Occupation of

Alcatraz, Occupation of   Reference library

Troy Johnson

The Oxford Encyclopedia of American Political and Legal History

Reference type:
Subject Reference
Current Version:
2013
Subject:
Social sciences, Politics, Law, History of Law
Length:
741 words

...occupation. Federal marshals removed the remaining protesters, nineteen months after Indians of All Tribes first occupied the island. The success or failure of the Indian occupation of Alcatraz Island should not be judged by whether the demands for title to the island and the establishment of the various institutions on the island were realized. The underlying goals of the Indians on Alcatraz Island were to awaken the American public to the reality of the plight of the first Americans and to assert the need for Indian self-determination. In this they were indeed...

Administrative State

Administrative State   Reference library

Williamjames Hull Hoffer

The Oxford Encyclopedia of American Political and Legal History

Reference type:
Subject Reference
Current Version:
2013
Subject:
Social sciences, Politics, Law, History of Law
Length:
2,652 words

...Bureau of Investigation in the Justice Department, and national security with the Espionage and Sedition Acts of 1917 and 1918 , respectively. During the New Era of the 1920 s, the administrative state was further expanded with the enactment of Prohibition, as well as the establishment of new regulatory agencies. These agencies, such as the Civil Aeronautics Board for air travel and the Federal Communications Commission for radio, helped foster the grow of these industries. The collapse of the economy into the Great Depression in 1929 posed a severe test...

Bill of Rights

Bill of Rights   Reference library

John P. Kaminski

The Oxford Encyclopedia of American Political and Legal History

Reference type:
Subject Reference
Current Version:
2013
Subject:
Social sciences, Politics, Law, History of Law
Length:
1,417 words

...this incorporation extends the Bill of Rights is still a matter of debate. Certain of the amendments in the Bill of Rights have proven particularly contentious and have generated much litigation, judicial interpretation, and public discussion. The First Amendment’s ban on an “establishment of religion,” coupled with its prohibition against any restrictions on the “free exercise” of religion, has been the basis of many court challenges involving the separation of separation of church and state. Similarly, the First Amendment’s guarantee of freedom of speech and...

Budget, Federal

Budget, Federal   Reference library

Iwan Morgan

The Oxford Encyclopedia of American Political and Legal History

Reference type:
Subject Reference
Current Version:
2013
Subject:
Social sciences, Politics, Law, History of Law
Length:
1,715 words

...expansion. In FY 1960 expenditure and receipts each constituted 17.8 percent GDP compared with 9.8 percent and 6.8 percent, respectively, in FY 1940 . Spending composition now prioritized defense over domestic programs. With the Cold War necessitating a huge military establishment, national security averaged 56 percent of outlays in FY 1955 – 1961 . Reinforced by the Employment Act of 1946 , which mandated federal maintenance of purchasing power, the budget also became the primary instrument of economic policy. Post- 1945 Democratic and Republican...

Civil Liberties

Civil Liberties   Reference library

Patrick M. Garry and Paul S. Boyer

The Oxford Encyclopedia of American Political and Legal History

Reference type:
Subject Reference
Current Version:
2013
Subject:
Social sciences, Politics, Law, History of Law
Length:
2,079 words

...s, however, calls for censorship came from political liberals advocating speech codes and advertising restrictions on “politically incorrect” speech. Perhaps the most heated and controversial of civil-liberties issues in the 1990 s were ones involving the First Amendment’s establishment-of-religion clause, such as crèches on public property, secular books for parochial school students, and prayer at public events. Yet despite public pressures, the strict church–state separation laid down by the Warren court survived. The end of the twentieth century brought...

new administrative law

new administrative law   Reference library

Australian Law Dictionary (3 ed.)

Reference type:
Subject Reference
Current Version:
2018
Subject:
Law
Length:
51 words

...new administrative law Systemic changes flowing from the kerr committee review ( 1971 ), including codification of the grounds of judicial review of administrative decisions , establishment of the administrative appeals tribunal ( AAT ), the office of the Commonwealth ombudsman , freedom of information , and the growth in importance of the Federal Court. See administrative law...

reinstatement

reinstatement   Reference library

Australian Law Dictionary (3 ed.)

Reference type:
Subject Reference
Current Version:
2018
Subject:
Law
Length:
48 words

...reinstatement ( employment ) The act of returning an employee to his or her former position and duties; re-establishment of the pre-existing employment relationship. Reinstatement is sometimes awarded by industrial tribunals as a remedy for unfair dismissal , usually with an order for continuity of service to preserve the employee’s...

connection to land

connection to land   Reference library

Australian Law Dictionary (3 ed.)

Reference type:
Subject Reference
Current Version:
2018
Subject:
Law
Length:
81 words

...to the way Indigenous peoples use or occupy land or waters. Whether there is a relevant connection depends on the content of the traditional laws and customs and how those laws and customs interpret ‘connection’; proof of continued use or occupation is not essential to establishment of connection with land or waters: Western Australia v Ward (2002) 213 CLR 1. See also affiliation...

shelf company

shelf company   Reference library

Australian Law Dictionary (3 ed.)

Reference type:
Subject Reference
Current Version:
2018
Subject:
Law
Length:
122 words

...for future clients who require a corporation for business purposes (e.g. as an investment vehicle formed in a particular financial year for tax reasons). Its relevant purpose ‘will be discovered by evidence of the purpose of its acquisition rather than of the purpose of its establishment’: Fencott v Muller (‘O’Connors Winebar Case’) ( 1983 ) 152 CLR 570. The US term shell company is now very widely adopted because of the rise in global tax avoidance and fraud mechanisms using shelf companies: what is formed as a shelf company may then be used as a shell...

local government

local government   Reference library

Australian Law Dictionary (3 ed.)

Reference type:
Subject Reference
Current Version:
2018
Subject:
Law
Length:
121 words

...and three attempts have been made to pass a refendum to have them included. The Australian Local Government Association ( http://alga.asn.au ) lobbied to ‘support and campaign for a 2013 referendum to allow direct funding of local government and to take steps relating to the establishment of a national campaign structure in the expectation that a referendum will soon be proposed by the Federal Government’ but this did not occur. A referendum on the matter failed in 1988 (the third attempt since 1901 ), with the wording, ‘To alter the Constitution to recognise...

self-determination

self-determination   Reference library

Australian Law Dictionary (3 ed.)

Reference type:
Subject Reference
Current Version:
2018
Subject:
Law
Length:
131 words

...self-determination The right of all peoples to decide how they will be governed; a peremptory and non-derogable norm of international law ( jus cogens ). It is also an erga omnes obligation (applying to all). The establishment of a sovereign and independent state, the free association or integration with an independent state, or a state’s emergence into any other political status freely determined by a people constitute modes of implementing the right of self-determination by that people. The most significant application of the right to...

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