It can be argued that Australia’s national identity has been formed from images and ideas of being Australian which society and the media have shaped through story-telling, myth making, news reporting, academic pontificating, cinema production and watching, and more. (Elder, 2007). It can also be said that it is derived from Australian people who believe their own ideology of an egalitarian society which is arguably a fantasy promoted by the powers within society in order to preserve their hegemony (Barr,
The constitutional role of the judiciary is to apply the law that parliament makes, as said by Lord Diplock in Dupont V steel (1980), ‘Parliament makes the laws, the judiciary interpret them’. However, judges have the power to change rules or make new rules through precedent or statutory interpretation, as mentioned in R V Sigsworth (1935) by Lord Denning, ‘We fill in the gaps’. The doctrine of precedent is based on the requirement that judges must follow decisions made in earlier cases (stare decisis), and on the face of it would seem to limit their freedom to be creative. First of all, there is the hierarchy of the courts, which means that courts are bound by decisions of other courts higher up in the hierarchy. Although with the use of the 1966 Practise Statement, the Supreme Court is allowed to depart from its own earlier decisions, as for example in Hetherington v British Rail and Shivpuri and also in R V Gemmell and Richards (2003) where the Supreme Court overruled the decision in Caldwell by using the 1966 Practise Statement.
Thirdly, indigenous political organisation will be examined; and finally how these two systems allowed for effective functioning of indigenous societies will be explored. As a result, it will be proven, that traditional Aboriginal societies had high functioning and effective legal and political systems in place; and arguments denying
Australian Anti-discrimination legislation and the Disability Education Standards 1. The main function of HEROC is to protect Australian’s human rights. The Human Rights commission has a president who also is the chief executive officer, which incidentally is not recommended good governance practice. Ideally the function of president and chief executive officer should be performed by two people. Also in another departure the president and CEO is also the Human Rights commissioner.
Australian Employment Law I. Introduction The purpose of this essay is to construct an argument toward if the Fair Work Act of 20009 is a fair piece of legislation in terms of protecting the rights of employees and employers with regard to minimum wage determination statues, if need the Act is working for the people of Australia or if it is not working. This issue can easily be debated in terms of if the law meets the needs of the whole and not just some. Is the law efficient, equitable and sustainable or will it needs to be reformed due to social changes and needs of the Australian people? This paper also wants to discuss if the maximum amount hours worked by the people is fair also.
In the 18th century, when the first British settled down here, Australia became a colony of Britain. (Wikipedia 2014) From then on, the symbol of Britain or Europe can be seen everywhere in Australia. For instance, the national flag of Australia has the Union Jack on the top of left corner, although Australia is an independent country rather than a dependency of Britain. The flag is the most important symbol of a country, because it stands for the country in the world. It makes us focus on the Australian Flag Debate.
To make things clearer again, the Dreaming is a worldview; it is the key aspects to base your life around for the Aboriginal people, it is the commonality that ties all groups of Australian Indigenous together, guiding them with this worldview through all aspects of life. “The Dreaming is central to the existence of traditional people for it determines their values and beliefs and their relationship with every living creature and every feature of the
1). Freedom of expression is a key element of democratic rights and freedoms. It gives American citizens the right to communicate their views. According to the Supreme Court, the freedom of expression is “the matrix, the indispensable condition of nearly every other
Running head: MEN IN BLACK: HOW THE SUPREME COURT IS DESTROYING AMERICA Men in Black: How the Supreme Court is Destroying America Dr. Rickert Criminal Justice 330 September 24, 2009 Men in Black: How the Supreme Court is Destroying America From the dawn of America as an independent nation there have always been certain inalienable rights that our fore fathers established via the Constitution that should be clear and unambiguous. These rights are further enforced and often interpreted by Supreme Court Justices that are appointed by the President and affirmed by Congress. The position of Supreme Court Justice has been shrouded in mystery from the earliest Justices in history to present day.
Discriminating against another person is not just unfair “ it is against the law. Hence, the role of the Anti-Discrimination Commission is to uphold the basic right of all people to fair treatment “ no matter what their circumstances or background. This essay will explore the Federal and State Acts of Parliament legislation, which exist to protect Australians from unlawful discrimination. Furthermore, it will discuss unlawful discrimination being either direct or indirect, as well as some of the exemptions that make discrimination lawful. Finally it will outline some of the key aspects of sexual harassment and why it is unlawful, endeavouring to outline the effectiveness of the legislation, possible alterations to improve the system, and how and why society benefits from having laws in place, to uphold their basic rights in relation to these issues.