Her Majesty at 80: Impeccable Service in an Indispensable Office
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What the Crown May Do
WHAT THE CROWN MAY DO 1. It is now established, at least at the level of the Court of Appeal (so that Court has recently stated)1, that, absent some prohibition, a Government minister may do anything which any individual may do. The purpose of this paper is to explain why this rule is misconceived and why it, and the conception of the “prerogative” which it necessarily assumes, should be rejected as a matter of constitutional law. 2. The suggested rule raises two substantive issues of constitutional law: (i) who ought to decide in what new activities the executive may engage, in what circumstances and under what conditions; and (ii) what is the scope for abuse that such a rule may create and should it be left without legal control. 3. As Sir William Wade once pointed out (in a passage subsequently approved by the Appellate Committee2), “The powers of public authorities are...essentially different from those of private persons. A man making his will may, subject to any rights of his dependants, dispose of his property just as he may wish. He may act out of malice or a spirit of revenge, but in law this does not affect his exercise of power. In the same way a private person has an absolute power to release a debtor, or, where the law permits, to evict a tenant, regardless of his motives. This is unfettered discretion.” If a minister may do anything that an individual may do, he may pursue any purpose which an individual may do when engaged in such activities. -
Institute of Commonwealth Studies
University of London INSTITUTE OF COMMONWEALTH STUDIES VOICE FILE NAME: The Hon. Michael Kirby SO: Sue Onslow (Interviewer) MK: Michael Kirby (Respondent) SO: This is Sue Onslow talking to the Honourable Michael Kirby in Sydney on Friday, 28th March, 2014. Mr Kirby, thank you very much indeed for agreeing to take part in this oral history project. I wonder if you could begin by reflecting, Sir, on the establishment of the Eminent Persons’ Group of 2009-2010? Obviously, this came out of the Port of Spain affirmation in 2009, but I wondered if you could lay some background of how you came to be appointed to that group? MK: I’m not sure how the appointment came about. Sometimes it’s better not to know how appointments to national or international bodies occur. However, I was approached, first, I think, by a representative of the Australian government to ask if I would serve; then I received a letter from the Secretary- General, Mr Sharma, and he invited me to serve. I then accepted, and I served. But I’m not aware of the steps that were taken to secure my appointment. They may have arisen out of the fact that I had taken quite an active part over the years in the work of the Legal and Constitutional Affairs Division of the Commonwealth. I had contributed repeatedly to the Commonwealth Law Bulletin. I had gone repeatedly to Commonwealth Law conferences, and presented papers at them. I had not been a member of the political activities of the Commonwealth, but of basically the legal and support systems of the Commonwealth, which is often where it does its best work. -
Inaugural Speech of the Honourable David Clarke
INAUGURAL SPEECH OF THE HONOURABLE DAVID CLARKE The Hon. DAVID CLARKE [8.11 p.m.] (Inaugural speech): I also oppose this legislation. In speaking for the first time I do so with a great and abiding recognition of the responsibilities that my new office places upon me and with the hope that my time spent here will be productive in service to the people of New South Wales. I come to this House as one who by conviction and belief respects, supports and upholds its history and traditions. As a member of the Legislative Council I will resist with all the vigour I can any and all attempts to bring about this House's demise, to weaken its powers or to diminish its stature and traditions in any way. Over the years many outstanding and distinguished members have served in this Chamber. The late Jim Cameron was a member whose values and social beliefs I identify with. He had a unique and inspirational capacity to espouse values in noble and uplifting language as befits such noble values. A former and distinguished President of the House, Johno Johnson, representing an historic political institution of our country, the Australian Labor Party, has also been courageous, forthright and determined, especially in his elevation of the family, his defence of the right to life of the unborn child and his denunciation of abortion. He continues to champion these causes outside this Chamber. I deem it an honour to find myself serving in this House at the same time as Deputy-President Reverend the Hon. -
ABSTRACT Title of Dissertation: ROYAL SUBJECTS
ABSTRACT Title of dissertation: ROYAL SUBJECTS, IMPERIAL CITIZENS: THE MAKING OF BRITISH IMPERIAL CULTURE, 1860- 1901 Charles Vincent Reed, Doctor of Philosophy, 2010 Dissertation directed by: Professor Richard Price Department of History ABSTRACT: The dissertation explores the development of global identities in the nineteenth-century British Empire through one particular device of colonial rule – the royal tour. Colonial officials and administrators sought to encourage loyalty and obedience on part of Queen Victoria’s subjects around the world through imperial spectacle and personal interaction with the queen’s children and grandchildren. The royal tour, I argue, created cultural spaces that both settlers of European descent and colonial people of color used to claim the rights and responsibilities of imperial citizenship. The dissertation, then, examines how the royal tours were imagined and used by different historical actors in Britain, southern Africa, New Zealand, and South Asia. My work builds on a growing historical literature about “imperial networks” and the cultures of empire. In particular, it aims to understand the British world as a complex field of cultural encounters, exchanges, and borrowings rather than a collection of unitary paths between Great Britain and its colonies. ROYAL SUBJECTS, IMPERIAL CITIZENS: THE MAKING OF BRITISH IMPERIAL CULTURE, 1860-1901 by Charles Vincent Reed Dissertation submitted to the Faculty of the Graduate School of the University of Maryland, College Park, in partial fulfillment of the requirements for the degree of Doctor of Philosophy 2010 Advisory Committee: Professor Richard Price, Chair Professor Paul Landau Professor Dane Kennedy Professor Julie Greene Professor Ralph Bauer © Copyright by Charles Vincent Reed 2010 DEDICATION To Jude ii ACKNOWLEGEMENTS Writing a dissertation is both a profoundly collective project and an intensely individual one. -
Loi D'interprétation
CANADA CONSOLIDATION CODIFICATION Interpretation Act Loi d’interprétation R.S.C., 1985, c. I-21 L.R.C. (1985), ch. I-21 Current to September 22, 2021 À jour au 22 septembre 2021 Last amended on August 3, 2021 Dernière modification le 3 août 2021 Published by the Minister of Justice at the following address: Publié par le ministre de la Justice à l’adresse suivante : http://laws-lois.justice.gc.ca http://lois-laws.justice.gc.ca OFFICIAL STATUS CARACTÈRE OFFICIEL OF CONSOLIDATIONS DES CODIFICATIONS Subsections 31(1) and (2) of the Legislation Revision and Les paragraphes 31(1) et (2) de la Loi sur la révision et la Consolidation Act, in force on June 1, 2009, provide as codification des textes législatifs, en vigueur le 1er juin follows: 2009, prévoient ce qui suit : Published consolidation is evidence Codifications comme élément de preuve 31 (1) Every copy of a consolidated statute or consolidated 31 (1) Tout exemplaire d'une loi codifiée ou d'un règlement regulation published by the Minister under this Act in either codifié, publié par le ministre en vertu de la présente loi sur print or electronic form is evidence of that statute or regula- support papier ou sur support électronique, fait foi de cette tion and of its contents and every copy purporting to be pub- loi ou de ce règlement et de son contenu. Tout exemplaire lished by the Minister is deemed to be so published, unless donné comme publié par le ministre est réputé avoir été ainsi the contrary is shown. publié, sauf preuve contraire. -
Same-Sex Marriage, Freedom of Speech and Religious Liberty in Australia – a Critical Appraisal
Solidarity: The Journal of Catholic Social Thought and Secular Ethics Volume 7 Issue 1 Religious Liberty Article 4 2017 Same-Sex Marriage, Freedom of Speech and Religious Liberty in Australia – A Critical Appraisal Augusto Zimmermann University of Notre Dame Australia, [email protected] Follow this and additional works at: https://researchonline.nd.edu.au/solidarity ISSN: 1839-0366 COMMONWEALTH OF AUSTRALIA Copyright Regulations 1969 WARNING This material has been copied and communicated to you by or on behalf of the University of Notre Dame Australia pursuant to part VB of the Copyright Act 1969 (the Act). The material in this communication may be subject to copyright under the Act. Any further copying or communication of this material by you may be the subject of copyright protection under the Act. Do not remove this notice. Recommended Citation Zimmermann, Augusto (2017) "Same-Sex Marriage, Freedom of Speech and Religious Liberty in Australia – A Critical Appraisal," Solidarity: The Journal of Catholic Social Thought and Secular Ethics: Vol. 7 : Iss. 1 , Article 4. Available at: https://researchonline.nd.edu.au/solidarity/vol7/iss1/4 This Article is brought to you by ResearchOnline@ND. It has been accepted for inclusion in Solidarity: The Journal of Catholic Social Thought and Secular Ethics by an authorized administrator of ResearchOnline@ND. For more information, please contact [email protected]. Same-Sex Marriage, Freedom of Speech and Religious Liberty in Australia – A Critical Appraisal Abstract Passing legislation to approve same-sex marriage presents an immediate challenge to free speech and religious liberty. Unfortunately examples from all over the world reveal that legalisation of same-sex marriage may infringe the fundamental rights of the citizen. -
Michael Nash, the Removal of Judges Under the Act of Settlement
PLEASE NOTE This is a draft paper only and should not be cited without the author’s express permission The Removal of Judges under the Act of Settlement (1701) Michael Nash This paper will consider the operation of the Act, the processes adopted, and the consequential outcomes. It is perhaps worth considering for a moment how important in consequence the Act was. And yet how little enthusiasm there was for it at the time, and how its passing was, in the words of Wellington later, “a damn near thing”. The Act only passed Parliament narrowly. It is said that it was carried by one vote only in Committee in the House of Commons. It is certain that the Act itself passed in the House of Commons “nemine contradicente” on May 14, 1701, but the Bill was but languidly supported. Many of the members, never more than 50 or 60 (out of a full house of 513) appear to have felt that the calling of a stranger to the throne was detestable, but the lesser of two evils. So the Bill was passed by 10% of the members. The passing of the Act is surrounded by myth, and records were then imperfectly kept, but Sir John Bowles, who introduced the Bill, was described as “a member of very little weight and authority”, who was even then thought to be disordered in his mind, and who eventually died mad! (1) Some of the great constitutional documents have been considered in a similar light: for example, the Second Reform Act in 1867. Smith, in a history of this Act, concludes that the bill survived “because a majority of the members of both Houses…dared not throw it out. -
Fixed-Term Parliaments Act
House of Commons House of Lords Joint Committee on the Fixed-Term Parliaments Act Report Session 2019–21 Report, together with formal minutes relating to the report Ordered by the House of Commons to be printed 18 March 2021 Ordered by the House of Lords to be printed 18 March 2021 HC 1046 HL 253 Published on 24 March 2021 by authority of the House of Commons and House of Lords Joint Committee on the Fixed-Term Parliaments Act The Joint Committee was appointed to: (a) carry out a review of the operation of the Fixed-term Parliaments Act 2011, pursuant to section 7 of that Act, and if appropriate in consequence of its findings, make recommendations for the repeal or amendment of that Act; and (b) consider, as part of its work under subparagraph (a), and report on any draft Government Bill on the repeal of the Fixed-term Parliaments Act 2011 presented to both Houses in this session. Membership House of Lords House of Commons Lord McLoughlin (Chair) (Conservative) Aaron Bell MP (Conservative, Newcastle- under-Lyme) Lord Beith (Liberal Democrat) Chris Bryant MP (Labour, Rhondda) Lord Grocott (Labour) Jackie Doyle-Price MP (Conservative, Lord Jay of Ewelme (Crossbench) Thurrock) Baroness Lawrence of Clarendon (Labour) Dame Angela Eagle MP (Labour, Wallasey) Lord Mancroft (Conservative) Maria Eagle MP (Labour, Garston and Halewood) Peter Gibson MP (Conservative, Darlington) Mr Robert Goodwill MP (Conservative, Scarborough and Whitby) David Linden MP (Scottish National Party, Glasgow East) Alan Mak MP (Conservative, Havant) Mrs Maria Miller MP -
81-Demise-Of-The-Crown.Pdf
SOUTH AUSTRALIA EIGHTY-FIRST REPORT of the LAW REFORM COMMITTEE of SOUTH AUSTRALIA to THE ATTORNEY-GENERAL RELATING TO THE DEMISE OF THE CROWN The Law Reform Committee of South Australia was established by Proclamation which appeared in the South Australian Government Gazette of 19th September, 1968. The present members are: THEHONOURABLE MR. JUSTICEZELLING, C.B.E., Chairman. THEHONOURABLE MR. JUSTICEWHITE, Deputy Chairman. THEHONOURABLE MR. JUSTICELEGOE, Deputy Chairman. M. F. GRAY,Q.C., S.-G. P. R. MORGAN. D. F. WICKS. G. F. HISKEY,S.M. The Secretary of the Committee is Miss J. L. Hill, c/o Supreme Court, Victoria Square, Adelaide 5000. EIGHTY-FIRST REPORT OF THE LAW REFORM COMMITTEE OF SOUTH AUSTRALIA RELATING TO THE DEMISE OF THE CROWN To: The Honourable C. J. Sumner, M.L.C., Attorney-General for South Australia. Sir, You referred to us for report the topic of a general Demise of the Crown Act for South Australia and we now report as follows:- "Demise of the Crown" is defined in Jowitt's Dictionary of English Law as "the death of the sovereign,. an expression which signifies merely a transfer of property; for when we say the demise of the Crown, we mean only that in consequence of the disunion of the sovereign's natural body from his body politic, the kingdom is transferred or demised to his successor, and so the royal dignity remains perpetual. A demise of the Crown may occur on the death of the sovereign or on his being deposed". Since the reign of Edward VIII that definition has now to be expanded by the inclusion of abdication as a deemed demise of the Crown. -
Samuel Griffith Society Proceedings Vol 11
What a nice Referendum – Pity about the Debate Sir David Smith, KCVO, AO It has been said of British government that, at its heart “lies a mystery – the Constitution, the rules of the game under which power is fought for, then distributed or constrained once gained”, and that “the system by which government operates baffles ministers themselves – let alone MPs, commentators and the general public”.1 Having served the Australian system of government for the whole of my working life, I believe these words apply equally to Australia. As two Commonwealth Government inquiries have shown, Australians are abysmally ignorant of just how they are governed or what their Constitution says and means.2 This lack of knowledge on the part of the electorate has enabled republicans to misrepresent our present Constitution and to deceive and mislead the Australian people about the changes they wish to make to it. Earlier this year, in a speech to the National Press Club, Andrew Robb, convenor of Conservatives for an Australian Head of State, was sharply critical of the draft wording of the question to appear on the referendum ballot paper, saying its failure to refer to the replacement of the British monarch by an Australian citizen would have a negative impact and provoke a negative reaction from people.3 He also objected to the inclusion of the word “Republic” on the ballot paper.4 And only this week, in a submission to the Joint Select Committee on the Republic Referendum, Malcolm Turnbull said the terms “Republic” and “President” should be dropped from the referendum question because people do not understand what they mean.5 Two days later, responding to the ridicule and condemnation which resulted, Turnbull changed his submission to the Parliamentary Committee and conceded that these terms might stay.6 He proposed instead that the question refer to the President replacing the Queen as Head of State. -
Ann-Kathrin Deininger and Jasmin Leuchtenberg
STRATEGIC IMAGINATIONS Women and the Gender of Sovereignty in European Culture STRATEGIC IMAGINATIONS WOMEN AND THE GENDER OF SOVEREIGNTY IN EUROPEAN CULTURE EDITED BY ANKE GILLEIR AND AUDE DEFURNE Leuven University Press This book was published with the support of KU Leuven Fund for Fair Open Access Published in 2020 by Leuven University Press / Presses Universitaires de Louvain / Universitaire Pers Leuven. Minderbroedersstraat 4, B-3000 Leuven (Belgium). Selection and editorial matter © Anke Gilleir and Aude Defurne, 2020 Individual chapters © The respective authors, 2020 This book is published under a Creative Commons Attribution Non-Commercial Non-Derivative 4.0 Licence. Attribution should include the following information: Anke Gilleir and Aude Defurne (eds.), Strategic Imaginations: Women and the Gender of Sovereignty in European Culture. Leuven, Leuven University Press. (CC BY-NC-ND 4.0) ISBN 978 94 6270 247 9 (Paperback) ISBN 978 94 6166 350 4 (ePDF) ISBN 978 94 6166 351 1 (ePUB) https://doi.org/10.11116/9789461663504 D/2020/1869/55 NUR: 694 Layout: Coco Bookmedia, Amersfoort Cover design: Daniel Benneworth-Gray Cover illustration: Marcel Dzama The queen [La reina], 2011 Polyester resin, fiberglass, plaster, steel, and motor 104 1/2 x 38 inches 265.4 x 96.5 cm © Marcel Dzama. Courtesy the artist and David Zwirner TABLE OF CONTENTS ON GENDER, SOVEREIGNTY AND IMAGINATION 7 An Introduction Anke Gilleir PART 1: REPRESENTATIONS OF FEMALE SOVEREIGNTY 27 CAMILLA AND CANDACIS 29 Literary Imaginations of Female Sovereignty in German Romances -
David Flint Looks at Recent US Attempts at Law Reform Editing That the Press Council Found Changed a Letter's Meaning * Professi
2 AUSTRALIAN PRESS COUNCIL NEWS, FEBRUARY 1994 arrived unanimously at the opposite Remember, this is the Innisfail The extent of that implied outcome. The law in NSW, of course, Advocate we are talking about, not The constitutional protection is extremely was not the same as that in Sydney Morning Herald. qualified. Nevertheless, the thinking Queensland. And the defamatory material in behind it may well have been a silent influence on the w ay the court saw But that is not the point. The issue is question was a small advertisement, the contending interests. the procedure used by the court to not a painstaking expose on public balance the competing interests. finances in another country. This approach may also have been influenced by recent criticism from In 1988, the rights of defamed Filipino All of this, however, was not a legal academics Stephanie Palmer and businessman Eduardo Cojuangco statement of legal principle and may Ian Cram. In separate articles in 1992, were so important that the court lead to nothing. But it does raise the they stated that English courts actually saw them as part of the tantalising possibility that the High generally give the free flow of public interest in the administration Court may be changing the way it information insufficient weight of justice. balances the contending interests in whenever it is part of a judicial Such a grand description obviously cases involving free speech. balance. weighed heavily in the judicial The balance between individual balance, so heavily that it was By definition, the harm caused to the reputation and the broader interest of considered to be "paramount".