The Supreme Court recognized that Judicial Review must also be cultivated into Judicial Sovereignty; the idea that a law may be held unconstitutional and binding on the other branches. The nation-state relationship served as the greatest obstacle for the Supreme Court in preserving the Union. In order to preserve the American Union the Supreme Court steered the cases, of the period, in order to create a consolidated nation-state. Preserving the American Union is reflected in all decisions of the cases the cases that fallow. In the case Marbury v. Madison the Supreme Court invalidated a law, passed by Congress, by declaring an act unconstitutional for the first time.
1623 Dutchman Jan Carstenz described several armed encounters with Aborigines on the northern coast of Australia. Shots were fired and an Aboriginal man was hit. 1697 Englishman William Dampier visited the west coast of Australia. 1768 Anticipating that Captain Cook would discover the great southern land he was issued with special instructions to "with the consent of the natives take possession of convenient situations in the name of the King... or if you find the land uninhabited Take Possession for His Majesty". 1770 April 29 Captain James Cook in the Endeavour entered Botany Bay.
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.
The issue of slavery C. The imperatives of a budding industrial-capitalist system against those of an export-oriented plantation economy D. The traditional argument between a British or French alliance E. States' rights as opposed to the federal government's authority 10. The U.S. Civil War changed character on 1 January 1863, after A. The Battle of
Hawkins, M 1998, Social Darwinism in European and American thought, 1860-1945; nature as model as nature as threat, Cambridge University Press, Cambridge, UK. Markus, A (ed) 1974, From the barrel of a gun: The oppression of the Aborigines, 1860-1900, Victorian Historical Association, Melbourne. Neville A 1947, Australia's Coloured Minority: Its Place in the Community, Currawong Publishing, Sydney. Smith, L 1999, Decolonizing Methodologies: Research and Indigenous Peoples, University of Otago Press, Dunedin. Stone, S (ed) 1974, Aborigines in white Australia: A documentary history of the attitudes affecting official policy and the Australian Aborigine, 1697-1973, The Griffin Press, Adelaide.
Marcia Langton article on The European Construction of Wilderness describes a particular view of the Aboriginal displacement by the English and the claim that they original made to the land under Terra Nullius and the impact of native title cases like Marbo vs Queensland. The expression Terra Nulluis is a Latin word meaning “land belonging to no one person”. This was the regulation that was used to depict a land which has never been subject to the rule of any other authority especially by European Explorers when the occupied land did not live up to European Ideals, it was easier than conquering the land in question. The British used this International law to cement their claim on Australia when it settled here in the 1788.The British were able to achieve this because the native population in the Settlers eyes were less than people, they were not civilized, they had not cultivated the land or created what the British classed as settlements and they observed no real governmental
Australian Jury System The idea of the modern day Jury first sprung during the Anglo-Saxon England in the early 16th Century, which consisted of the members of the basic level of the local government. It is during the previous ages that the Jury system was known to be an accurate way to judge the outcome of criminal matters. The Jury system has been present in Australia ever since the first white settlers landed on the shores. One of the famous Australian cases, which involved a jury, was the trial of Ned Kelly, whose fate was sealed by the people who represent the very topic of this essay. Therefore the Jury system in Australia has played a pivotal role in criminal cases and influences the final sentence.
“The prerogative power and parliamentary privilege cannot be justified. They are but the result of historical accident and should be comprehensively reformed by statute.” Both prerogative power and parliamentary privilege are seen to be natural products of the history of the UK’s constitution. Prerogative powers or the royal prerogative are defined by A.V. Dicey as “…the remaining portion of the Crown's original authority, and is in other words, the remaining residue of discretionary power left in the hands of the Crown, whether such power is to be exercised by the Queen personally or by her Ministers’. Although some of these prerogative powers are still eligible to use by the UK’s monarch and ministers, and freely exercised when necessary, there is an increasing call to codify these powers into statues for better scrutiny, clarity and accountability.
Thus, my two short constitutional lessons come to an end. And, the conclusion is, that the right to bear arms (to be distinguished from the very limited right to use them) is a constitutional right, an inextinguishable right, with as solid a base as any other constitutional right. Its footings are found somewhere deep in the dark times of English constitutional history and was confirmed by the Bill of Rights of 1688 and has since been confirmed by a string of English common law
The federal judiciary, which was first established by John Marshall during the Civil War era, but it was and is still being altered; primarily during the time from the founding to the Civil War; the Civil War to the New Deal; and from the New Deal to now. During the time from the Civil War to the New Deal, the primary issue the Supreme Court faced was deciding what states or the nation would regulate the economy. There was generally a national economy, but the issue of property arose. The Court tended to agree with the Fourteenth Amendment in 1868 in that African American claims could be protected from state actions for no reason other than discrimination. These actions also helped to protect private properties from hostile state actions as