Thematische Bibliographien / Smokingβ Law and legislation South Australia

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Auswahl der wissenschaftlichen Literatur zum Thema „Smokingβ Law and legislation South Australia“

Autor: Grafiati

Veröffentlicht am 4. Juni 2021

Zuletzt aktualisiert am 2. Februar 2022

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Zeitschriftenartikel zum Thema "Smokingβ Law and legislation South Australia"

Storm, Ansia, und Katrina Coetzee. „Towards Improving South Africa's Legislation On Tax Evasion: A Comparison Of Legislation On Tax Evasion Of The USA, UK, Australia And South Africa“. Journal of Applied Business Research (JABR) 34, Nr. 1 (29.12.2017): 151–68. http://dx.doi.org/10.19030/jabr.v34i1.10106.

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The fight against tax evasion in South Africa is an ongoing battle. The tools available to law enforcement boil down to legislation and the enforcement thereof. The purpose of the study that was done for this article was to compare available legislation of the United States of America, United Kingdom, Australia and South Africa to determine if South Africa’s legislation can be improved. This was done by studying the relevant literature and legislation of all four countries. The findings, that there is some clauses that can be added to improve South Africa’s legislation, were confirmed by analyzing the legislation available. In theory, the results have proven that although South Africa’s legislation can compete with that of the United States of America, United Kingdom and Australia, there is some improvement that can be considered. This is of value to the individuals and professionals who deal with the offence of tax evasion on a daily basis, ensuring that the reviewed legislation will deter perpetrators or that the charges brought against them in the court of law will ensure harsher punishment.

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McDonald, Margaret. „Developments in Adoption Information Legislation in Australia“. Adoption & Fostering 16, Nr. 3 (Oktober 1992): 38–42. http://dx.doi.org/10.1177/030857599201600311.

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The year 1990 saw the enactment of adoption information legislation in Queensland (May 1990) and New South Wales (October 1990), the last of the Australian states to grant rights of access to information. Queensland, sometimes referred to as ‘the deep north’, is customarily seen as the most conservative of the states, so there was considerable surprise that such legislation should have passed through the Queensland Parliament unimpeded, with acclaim from all parties. Margaret McDonald reports.

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Rawling, Michael, und Eugene Schofield-Georgeson. „Industrial legislation in Australia in 2018“. Journal of Industrial Relations 61, Nr. 3 (01.05.2019): 402–20. http://dx.doi.org/10.1177/0022185619834058.

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It has been a quiet year like last year for the passing of federal industrial legislation (due to a number of factors, including the political turmoil of the federal coalition government and their lack of an overall labour law reform agenda). This article examines key federal industrial legislative developments including the Modern Slavery Act 2018 (Cth). The article identifies that the federal Act contains much weaker compliance measures than the counterpart New South Wales legislation also passed in 2018 – the Modern Slavery Act 2018 (NSW). Also, although the Coalition government has attempted to continue to prosecute its case for further union governance measures, this agenda has been less successful than in previous years, with key government Bills not yet passed by the Parliament. The stagnation in the federal Parliament continues to motivate certain State Parliaments to address worker exploitation, and the article goes on to examine key State industrial legislation passed in 2018 including the Victorian labour hire licensing statute. In light of the continuing dominant position of the federal Labor opposition in opinion polls and an impending federal election in 2019, the article concludes by briefly considering the federal Labor opposition's agenda for industrial legislation.

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Forsyth, Anthony. „Industrial legislation in Australia in 2016“. Journal of Industrial Relations 59, Nr. 3 (22.05.2017): 323–39. http://dx.doi.org/10.1177/0022185617693876.

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After three years of trying, the Coalition Government finally succeeded in obtaining passage of several key workplace reform statutes in 2016. This followed the outcome of the federal election held on 2 July, delivering the Government a differently composed Senate and a new opportunity to secure support for its legislative program. This review article explains key aspects of the industrial legislation passed by federal Parliament in 2016, including statutes abolishing the specialist road transport industry tribunal, re-establishing the Howard-era regulator for the construction industry, and setting up a new agency to enforce enhanced governance and accountability standards for registered unions and employer organisations. Legislative amendments aimed at resolving the long-running bargaining dispute in Victoria’s Country Fire Authority are also considered, along with the Government’s muted response to the 2015 Productivity Commission review of the workplace relations framework. The article then examines developments at state level, including a major rewrite of Queensland’s industrial legislation, structural changes in New South Wales, and proposed changes to long service leave and the labour hire sector in Victoria. It concludes by noting the irony that just as the federal Government has tasted some success after a long legislative ‘dry spell’, its labour law reform agenda appears limited and piecemeal.

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Sumner, C. J. „Taking Account of the Victim in Sentencing in South Australia“. International Review of Victimology 3, Nr. 1-2 (Januar 1994): 111–19. http://dx.doi.org/10.1177/026975809400300208.

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South Australia's practical measures to give effect to the spirit and letter of the 1985 UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power have meant changes to legislation and to legal procedures. This extract from a previously given Paper on these changes concentrates on the principles of Anglo-Australian law adopted by Courts in Australia in sentencing offenders, and in particular deals with the relevance of the victim in sentencing.

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Williams, Peter John, und Angelique Mary Williams. „Sustainability and planning law in Australia: achievements and challenges“. International Journal of Law in the Built Environment 8, Nr. 3 (10.10.2016): 226–42. http://dx.doi.org/10.1108/ijlbe-06-2016-0008.

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Purpose Since 1992, all levels of government in Australia have pursued a policy of ecologically sustainable development (ESD). Crafted in response to the World Commission on Environment and Development 1987 report Our Common Future (the Brundtland Report), the principles contained in the Australian Government’s National Strategy for Ecologically Sustainable Development have been progressively implemented at the national, state and local levels of government. The purpose of this paper is not only to track the implementation of these principles, through both policy and law in Australia, but also to highlight recent challenges to the concept of ESD using the state of New South Wales (NSW) as a case study. Design/methodology/approach Beginning with a description of the Australian concept of ESD, this paper first examines the implementation of ESD through both policy and legislation at the national level. The state of NSW is then selected for more detailed assessment, with examples of key State government legislation and court decisions considered. Equal emphasis is placed on both the achievements in ESD policy development and implementation through legislation, statutory planning procedures and litigation, as well as the challenges that have confronted the pursuit of ESD in NSW. Findings Since its introduction in 1992, the concept of ESD has matured into a key guiding principle for development and environmental decision-making in Australia. However, in recent years, ESD has been the target of significant challenge by some areas of government. Noteworthy among these challenges has been a failed attempt by the NSW Government to introduce new planning legislation which sought to replace ESD with the arguably weaker concept of “sustainable development”. Apparent from this episode is strong community and institutional support for robust sustainability provisions “manifested through ESD” within that State’s statutory planning system. Originality/value This paper provides an overview of the implementation of ESD in Australia within both a broader international context of sustainable development and specific instances of domestic interpretation and application. It extends this analysis by examining recent public policy attempts to reposition sustainability in the context of statutory planning system reform in NSW.

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Tredoux, Liezel G., und Kathleen Van der Linde. „The Taxation of Company Distributions in Respect of Hybrid Instruments in South Africa: Lessons from Australia and Canada“. Potchefstroom Electronic Law Journal 24 (12.01.2021): 1–36. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a6781.

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Tax legislation traditionally distinguishes between returns on investment paid on equity and debt instruments. In the main, returns on debt instruments (interest payments) are deductible for the paying company, while distributions on equity instruments (dividends) are not. This difference in taxation can be exploited using hybrid instruments and often leads to a debt bias in investment patterns. South Africa, Australia and Canada have specific rules designed to prevent the circumvention of tax liability when company distributions are made in respect of hybrid instruments. In principle, Australia and Canada apply a more robust approach to prevent tax avoidance and also tend to include a wider range of transactions, as well as an unlimited time period in their regulation of the taxation of distributions on hybrid instruments. In addition to the anti-avoidance function, a strong incentive is created for taxpayers in Australia and Canada to invest in equity instruments as opposed to debt. This article suggests that South Africa should align certain principles in its specific rules regulating hybrid instruments with those in Australia and Canada to ensure optimal functionality of the South African tax legislation. The strengthening of domestic tax law will protect the South African tax base against base erosion and profit shifting through the use of hybrid instruments.

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Skead, Natalie, Tamara Tulich, Sarah Murray und Hilde Tubex. „Reforming proceeds of crime legislation: Political reality or pipedream?“ Alternative Law Journal 44, Nr. 3 (06.03.2019): 176–81. http://dx.doi.org/10.1177/1037969x19831100.

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In recent decades, Australian states and territories have introduced a raft of legislation aimed at stripping those involved in criminal activity of their ill-gotten gains. However, in doing so, this far-reaching legislation has the potential to undermine legal principles and protections. We recently completed a study into proceeds of crime legislation in Western Australia, New South Wales and Queensland. From our findings it is clear that Western Australia’s legislation is the most far-reaching and potentially the most inequitable. In this article, we provide a critique of Western Australia's legislation informed by our research, and identify pressing areas for reform.

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O’Donovan, Siobhan, Corinna van den Heuvel, Matthew Baldock und Roger W. Byard. „Childhood cycling fatalities in South Australia before and after the introduction of helmet legislation“. Medicine, Science and the Law 60, Nr. 3 (23.04.2020): 196–99. http://dx.doi.org/10.1177/0025802420918036.

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In the years following the introduction of legislation in Australian states mandating the wearing of helmets, there was a decline in the number of deaths. Debate has occurred, however, as to why this occurred. The Traffic Accident Reporting System database, which records data for all police-reported crashes in South Australia, was searched for all cases of deaths occurring in the state in bicycle riders aged ≤14 years from January 1982 to December 2001. The numbers of deaths were then compared over the 10-year periods before (1982–1991) and after (1992–2001) the introduction of helmet legislation, and also on a yearly basis from 1982 to 2001. Comparing the numbers of deaths in the two periods before and after helmet legislation in 1991 showed a marked decrease in cases from 36 to 12. However, in examining the numbers of deaths per year in greater detail, it appears that these were already steadily reducing from nine cases per year in 1982 (2.9/100,000) to two cases in 1991 (0.67/100,000) to a virtual plateau after 1991 (ranging from 0 to 2 cases annually). It seems that the introduction of compulsory bicycle helmet wearing in South Australia came at a time when the numbers of child cyclist deaths had been steadily declining over the preceding decade. While helmet wearing clearly protects children who are still riding bicycles, the reasons for the reduction in numbers of deaths appears more complex than legislative change and likely involves a subtle interaction with other behavioural and societal factors and preferences.

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Pardy, Maree, Juliet Rogers und Nan Seuffert. „Perversion and Perpetration in Female Genital Mutilation Law: The Unmaking of Women as Bearers of Law“. Social & Legal Studies 29, Nr. 2 (23.07.2019): 273–93. http://dx.doi.org/10.1177/0964663919856681.

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Female genital cutting (FGC) or, more controversially, female genital mutilation, has motivated the implementation of legislation in many English-speaking countries, the product of emotive images and arguments that obscure the realities of the practices of FGC and the complexity of the role of the practitioner. In Australia, state and territory legislation was followed, in 2015, with a conviction in New South Wales highlighting the problem with laws that speak to fantasies of ‘mutilation’. This article analyses the positioning of Islamic women as victims of their culture, represented as performing their roles as vehicles for demonic possession, unable to authorize agency or law. Through a perverse framing of ‘mutilation’, and in the case through the interpretation of the term ‘mutilation’, practices of FGC as law performed by women are obscured, avoiding the challenge of a real multiculturalism that recognises lawful practices of migrant cultures in democratic countries.

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Dissertationen zum Thema "Smokingβ Law and legislation South Australia"

Jones, Kelly. „Prevalence and predictors of non-smoking policies in South Australian restaurants, hotels and other public places“. Title page, abstract and table of contents only, 2001. http://web4.library.adelaide.edu.au/theses/09MPM/09mpmj769.pdf.

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Radbone, Ian. „A history of land transport regulation in South Australia : the relevance of public choice theory“. Title page, contents and summary only, 1989. http://web4.library.adelaide.edu.au/theses/09PH/09phr124.pdf.

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Brooklyn, Bridget. „Something old, something new : divorce and divorce law in South Australia, 1859-1918“. Title page, contents and summary only, 1988. http://web4.library.adelaide.edu.au/theses/09PH/09phb872.pdf.

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Venter, Debra. „The UNCITRAL model law on international commercial arbitration as basis for international and domestic arbitration in South Africa / Debra Venter“. Thesis, North-West University, 2010. http://hdl.handle.net/10394/4930.

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Commercial arbitration is growing in importance in the modern world. People often use arbitration to ensure adjudication by an expert in the field and although arbitration may not always be quicker, its importance continues to grow especially in international commercial disputes.1 Effective arbitration procedures will have positive consequences for the economical and political relationships between countries.2 The Arbitration Act 42 of 1965 might have sufficed in the past, but as international commercial arbitration is ever increasing and changing, this act has become out–dated. It does not effectively facilitate international commercial arbitration. The Act was primarily designed with domestic commercial arbitration in mind and therefore it is of limited assistance in the international commercial arbitration sphere. The United Nations Commission on International Trade Law3 has developed the Model Law on International Commercial Arbitration.4 This Model Law or variations thereof can be adopted by a country to regulate international commercial arbitration.5 Many countries choose to adopt the Model Law. The reasons vary but some are that the country’s own arbitration laws were out–dated and needed replacement. The Model Law has proved to be effective and it has become a benchmark for good arbitration legislation.6 Some countries have even adopted the Model Law for use in domestic commercial arbitration disputes. The South African Law Commission7 published a report in 1998 dealing with the possible application of the Model Law on international commercial arbitration in South Africa. It drafted a Draft Bill on International Arbitration (not as of yet promulgated) based on the Model Law.9 One of the points of discussion in the report of the Commission was whether the Model Law should also be made applicable to domestic commercial arbitration in South Africa. The conclusion was that domestic and international arbitration should be dealt with separately and that the present Act regulating domestic arbitration should be amended but not replaced by the Model Law. This implies two arbitration regimes: the International Arbitration Act (dealing only with international commercial arbitration); and the Arbitration Act (dealing only with domestic commercial arbitration) After the Commission’s report had been studied and South Africa’s legal position had been compared with Australia’s legal position, it is conlcuded that Australia is a good example to follow in regard to arbitration practices. It is, however, important to keep South Africa’s own background in mind. A good point made by Australia, is the fact that international commercial arbitration legislation and domestic commercial arbitration legislation, should be kept separate. This will bring about effectiveness and clarity for the users of the said legislation. Furthermore, as end conclusion, the Commission’s view is not favoured in regard to the fact that South Africa’s domestic arbitration legislation should not be based on the UNCITRAL Model Law. It would be a good idea to follow suit with Australia and base both South Africa’s international and domestic commercial arbitration legislation on the UNCITRAL Model Law.
Thesis (LL.M. (Import and Export Law))--North-West University, Potchefstroom Campus, 2011.

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Osman, Elizabeth Helen. „Rural land sharing communities in South Australia : planning and legal constraints to their development“. Title page, contents and abstract only, 1991. http://web4.library.adelaide.edu.au/theses/09ENV/09envo83.pdf.

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Bibliography: leaves 103-106. This research is concerned with rural land sharing communities in South Australia. The state's planning system is examined to see what mechanisms it possesses for dealing with communal or any other unconventional development, and what the main planning constraints are. A case study of an actual development application for a rural land sharing community is examined.

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Hing, Nerilee, University of Western Sydney und Australian Institute for Gambling Research. „Changing fortunes : past, present and future perspectives on the management of problem gambling by New South Wales registered clubs“. THESIS_XXX_AIGR_Hing_N.xml, 2000. http://handle.uws.edu.au:8081/1959.7/774.

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The purpose of this study is to examine, from past, present and future perspectives how registered clubs in New South Wales (NSW), Australia strategically manage problem gambling in their machine gambling operations. Seven stages of research are presented and discussed in some detail. The final stage considers implications of key developments during 1998-1999 for the future management of problem gambling by NSW clubs. It was found that by the end 1999, the future direction of NSW in addressing problem gambling pointed toward a combination of legislation and self-regulation, under the leadership of the Registered Clubs Association of New South Wales. The thesis concludes by identifying seven key factors that emerged from the findings as influencing the way in which NSW clubs have managed problem gambling. These are presented as a theoretical framework with potential utility for future investigations of how organisations manage their social impacts.
Doctor of Philosophy (PhD)

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Pillay, Neermala Neelavathy. „Assessed losses: the trade and income from trade requirements as set out in section 20 of the Income Tax Act of 1962“. Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/1670.

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Section 20 of the Income Tax Act, No 58 of 1962 allows a taxpayer that incurs an assessed loss to carry forward the balance of assessed loss incurred, to be set off against taxable income earned in or added to losses incurred in future years. The issues regarding the carry forward of assessed losses in terms of section 20 is complex and in terms of the said section, a company is only entitled to set off its assessed loss from the previous year against its taxable income in the current year, if the taxpayer has carried on a trade during the current year and has derived income from that trade. Under the provisions of section 20(2A), a taxpayer other than a company can utilise an assessed loss even if no trading has been conducted. Assessed losses of natural persons, may however be ring-fenced. The aim of this treatise was twofold. Firstly it was to gain clarity on the „trade‟ and „income from trade‟ issues and secondly to compare South African legislation with that of Australia, with a view to recommending a change in our rules regarding the treatment of assessed losses in the context of companies. The critical lessons to be learned from the cases presented, is that liquidators, creditors and others must ensure that the company continues trading in order to x keep the assessed losses valid. Realisation of assets (including stock), and the collection of outstanding debts during liquidation does not constitute the carrying on of a trade in terms of s 20(1). The continuity of trade is an important element in regard to the carry forward of assessed losses to be utilised in the current and future years. Therefore it is important that a company carries on some activity that falls within the definition of trade. In the landmark case of SA Bazaars, it was held that a company did not have to trade continuously throughout the year to qualify for the set-off of the assessed loss or carry forward of the assessed loss, that is, to trade for say part of the year. The court however left open the issue of whether it was necessary to derive income from that trade. In order to clarify the issues regarding assessed losses, SARS issued Interpretation Note 33 granting taxpayers a concession in certain cases where a company has traded, but not derived income from that trade. But in ITC 1830, the court ruled that a company must trade and must derive income from that trade in order to carry forward its assessed loss, which effectively means that SARS cannot apply Interpretation Note 33. SARS does not have the authority to make concession which is contrary to the wording of the Act. xi In Australia, operating losses can be carried forward indefinitely to be set-off against future income, provided a company meets the more than 50% continuity of ownership test. Where the continuity test fails, losses can be deducted if the same business is carried on in the income year (the same business test). From the research conducted and in order to solve the issues surrounding the carry forward of assessed losses it was suggested that one of the following be adopted :- The method used in Australia for the carry forward of assessed losses., or A decision of the Supreme Court of Appeal is needed for a departure from the literal meaning of the words pertaining to the requirements regarding the carry forward of assessed losses. Furthermore, to clarify the definition of „income‟, as used in the context of s20, is it gross income less exempt income or taxable income?. If section 20 relates to taxable income, then an assessed loss will never be increased, which it is submitted, is not what the legislature intended. Section 20 ought to be revisited to eliminate any uncertainty about the income requirement and in the context in which the word „income‟ is used in that section.

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Lake, Rosalind. „Discrimination against people with mental health problems in the workplace : a comparative analysis“. Thesis, Rhodes University, 2006. http://hdl.handle.net/10962/d1005712.

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For a long time the rights of disabled persons have been ignored worldwide. A major obstacle faced by disabled persons is discrimination in the workplace. Due to the development of a social approach to disability and the efforts of the Disability Rights Movement, legislation has been passed throughout the world to improve this dire situation. The thesis considers the efficacy of some of these statutes. It is concluded that stigma and negative stereotypes remain a constant hurdle in overcoming discrimination. The forthcoming UN Disability Convention is demonstrative of the recognition of the importance of the needs and rights of disabled people. The convention proposes some innovative measures to overcome stigma and stereotyping. Mental health problems constitute one of the leading causes of disability. The thesis explores how people with mental health problems fit within the concept of people with disabilities and whether they are included in anti-discrimination legislation and affirmative action measures. Special attention is given to statutory definitions of disability, the different forms of discrimination and the concept of reasonable accommodation. A comparative approach is taken to analyse how South Africa's disability law measures up against that of Britain and Australia in terms of its substantive provisions and enforcement thereof. In considering the South African position American and Canadian jurisprudence is consulted in order to aid in interpretation. It is concluded that although South Africa has a comparatively good legislative framework, it is held back by an overly restrictive and medically focused definition of disability. As a result many individuals with mental health difficulties, desirous of obtaining and retaining employment may be excluded from protection against discrimination in the workplace. It is argued that it will be necessary either to amend the Employment Equity Act or for the courts to adhere strictly to the concept of substantive equality in order to ensure that the rights and dignity of people with mental health difficulties are adequately protected.

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Lemar, Susan. „Control, compulsion and controversy: venereal diseases in Adelaide and Edinburgh 1910-1947“. Title page, contents and abstract only, 2001. http://web4.library.adelaide.edu.au/theses/09PH/09phl548.pdf.

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Includes bibliographical references (leaves 280-305). Argues that despite the liberal use of social control theory in the literature on the social history of venereal diseases, rationale discourses do not necessarily lead to government intervention. Comparative analysis reveals that culturally similar locations can experience similar impulses and constraints to the development of social policy under differing constitutional arrangements.

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Al, Qudah Mouaid, University of Western Sydney, College of Law and Business und School of Law. „Individual autonomy as a basis of criminal complicity in New South Wales and Jordan : a comparative study“. 2005. http://handle.uws.edu.au:8081/1959.7/25453.

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This dissertation is a comparative study of the law of criminal complicity in Jordan (a civil law jurisdiction), and in New South Wales (NSW) (a common law jurisdiction). It addresses the basis of criminal culpability of individuals, and explores the extent to which the basis of such culpability rests on the autonomy and autonomous actions (or inactions) of individuals. Ideas of such autonomy have been integral to western ethical, political and legal thinking since the seventeenth century. The analysis in this dissertation raises issues where the criminal law does not adequately take into account the limits on individual autonomy in relation to liberty of action, freedom of choice and effective deliberation. These issues highlight that a more serious and deeper understanding of individual autonomy as a ground of culpability must be taken into account by law-makers, to ensure that the grounds of criminal culpability more adequately reflect the limits on people’s individual autonomy in modern society today.
Doctor of Philosophy (PhD)

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Bücher zum Thema "Smokingβ Law and legislation South Australia"

Goode, Matthew R. Council meetings in South Australia. Sydney: Federation Press, 1992.

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Berg, Shaun. Coming to terms: Aboriginal title in South Australia. Kent Town, S. Aust: Wakefield Press, 2010.

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Pearson, Linda. Local government law in New South Wales. Leichhardt, NSW: Federation Press, 1994.

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Zahra, Peter. Drug law in New South Wales. Sydney: Federation Press, 1991.

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Credit acts handbook for Victoria, New South Wales, the Australian Capital Territory, and Western Australia. Sydney: Law Book Co., 1985.

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Papers presented at the State Convention of the New South Wales Division of the Taxation Institute of Australia, Leura, New South Wales, 22nd to 24th March 1985. Sydney: The Institute, 1985.

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Taxation Institute of Australia. South Australian Division. State Convention. Papers presentated at the State Convention, the South Australian Division of the Taxation Institute of Australia, 18th to 20th April, 1985. Sydney: Taxation Institute of Australia, 1985.

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Taxation Institute of Australia. South Australian Division. State Convention. Papers presented at the 21st State Convention of the South Australian Division of the Taxation Institute of Australia, 29th-31st May 1986. Sydney: TIA, 1986.

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Taxation Institute of Australia. New South Wales Division. State Convention. Papers presented at the State Convention of the New South Wales Division of the Taxation Institute of Australia, Wollongong, New South Wales, 13th to 15th June 1986. Sydney: TIA, 1986.

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Grabosky, Peter N. Wayward governance: Illegality and its control in the public sector. [Australia]: Australian Institute of Criminology, 1989.

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Buchteile zum Thema "Smokingβ Law and legislation South Australia"

Symes, Christopher, und Jeffrey Fitzpatrick. „National Report for Australia“. In Treatment of Contracts in Insolvency. Oxford University Press, 2013. http://dx.doi.org/10.1093/oso/9780199668366.003.0001.

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Australia’s contract law is an amalgam of common law rules, equitable principles, and statute law. Its genesis lay in centuries of development of these three branches of English law. Principles of modern contract law had their roots in the rise of English maritime law during the sixteenth century. In 1788, England established a penal colony at Sydney Cove, seeding the colony of New South Wales. At that moment, all existing English contract law simply flowed into this ‘new’ land as intellectual baggage. Slowly Anglo Australia’s legal and legislative framework evolved from a patchwork of distinct English colonies into a commonwealth of Federal, State, and Territory Governments. The gloss of contract law took on an increasingly antipodean sheen. This resultant ‘system’ of law is a complex relationship between common law, equity, and Federal, State, and Territory legislation. Throughout this chapter we shall use the term ‘general law’ to mean the principles and rules of common law and equity.

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Luisa Feline, Freier, Karageorgiou Eleni und Ogg Kate. „Part IV Access to Protection and International Responsibility-Sharing, Ch.28 The Evolution of Safe Third Country Law and Practice“. In The Oxford Handbook of International Refugee Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198848639.003.0029.

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This chapter details how States and regions use safe third country (STC) practices to deny protection to asylum seekers and refugees on the grounds that they have, or may have, protection in another country. The STC notion originated in Switzerland in 1979, spread throughout Europe in the 1980s, and was adopted by the European Union and countries such as Australia and Canada in the 1990s. Since then, developments in STC law and practice globally include new bilateral agreements, reforms to STC provisions in domestic and supranational legislation, and landmark decisions of superior courts. The chapter studies these changes in Europe, Australia, and North and South America, focusing in particular on the period from 2010 to 2020. It argues that there has been a dilution of STC protection standards in these four regions. The thresholds for effective protection have diminished and are lower than the minimum laid down in international treaties. Moreover, in the introduction and evolution of these STC practices, lawmakers and judges have disregarded the legal principle of international solidarity. While STC practices have long been critiqued as burden-shifting rather than -sharing, new STC law and jurisprudence exacerbates inequities between States with respect to responsibility for hosting refugees.

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Addink, Henk. „Implementation of the Principles of Good Governance on the National Level outside the EU“. In Good Governance, 209–42. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198841159.003.0015.

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In this chapter, the focus is on the implementation of good governance norms in three countries outside Europe: Australia, Canada, and South Africa. Relating to the implementation of the good governance principles in Australia, we start with the historical background and good governance approaches in the country. There is a classical rule of law and separation of powers but also new administrative law reforms and including the position of the fourth power. Important is the role of the Ombudsman and the relation between good governance and human rights. Especially the principles of participation, transparency and accountability have been worked out. The idea of integrity goes beyond matters of simple ‘legality’. Important is the influx of integrity commissions, ombudsmen and means of judicial and merit review. Although Canada does not have specific legislation that explicitly outlines good governance principles, it is clear that Canada has put them into practice. The Constitution guarantees Canadian citizens ‘peace, order, and good government’. The rule of law provides that every person must abide by the law and Section 15 guarantees equality rights to Canadian citizens. The judiciary is also a source for good governance. Finally, administrative officials are held accountable by judicial review, section 24 of the Charter, and with the ombudsmen. Nevertheless, there is still room for improvement. South Africa has extensively integrated good governance principles into its legal system, but faces the same problems that other developing countries in Africa have. Thus, although South Africa has a sound legal foundation for good governance, lessons can still be learned on how to translate these legal norms into practical application.

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Calabresi, Steven Gow. „Conclusion The American and Westminster Models“. In The History and Growth of Judicial Review, Volume 1, 391–96. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190075774.003.0012.

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This concluding chapter identifies the four major causes of the growth and origin of judicial review in the G-20 common law countries and in Israel. First, the need for a federalism umpire, and occasionally a separation of powers umpire, played a major role in the development of judicial review of the constitutionality of legislation in the United States, in Canada, in Australia, in India, and most recently in the United Kingdom. Second, there is a rights from wrongs phenomenon at work in the growth of judicial review in the United States, after the Civil War; in Canada, with the 1982 adoption of the Canadian Charter of Rights and Freedoms; in India, after the Indira Gandhi State of Emergency led to a massive trampling on human rights; in Israel, after the Holocaust; in South Africa, after racist apartheid misrule; and in the United Kingdom, after that country accumulated an embarrassing record before the European Court of Human Rights prior to 1998. This proves that judicial review of the constitutionality of legislation often occurs in response to a deprivation of human rights. Third, the seven common law countries all borrowed a lot from one another, and from civil law countries, in writing their constitutions. Fourth, and finally, the common law countries all create multiple democratic institutions or political parties, which renders any political attempt to strike back at the Supreme Court impossible to maintain.

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