Academic literature on the topic 'Australia ;Parliament Committees'

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Journal articles on the topic "Australia ;Parliament Committees"

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CREGAN, KATE. "Sex Definitions and Gender Practices." Cambridge Quarterly of Healthcare Ethics 23, no. 3 (May 27, 2014): 319–25. http://dx.doi.org/10.1017/s0963180113000923.

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Abstract:In recent years the Australian parliament has been considering the rights to protection from discrimination of intersex and gender identity disorder (GID) people. In 2013 such protections were made law in the amendment to the Sex Discrimination Act 1984, which in turn has influenced Senate inquiries into the medical treatment of intersex people. This year’s Australian report describes the purview and the potential ramifications of the inquiry of the Senate Standing Committees on Community Affairs, published in October 2013, into the involuntary or coerced sterilization of intersex people in Australia.
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Olivier, Eliot. "Proroguing the Parliament of Australia: The Effect on the Senate and the Conventions that Constrain the Prerogative Power." Federal Law Review 40, no. 1 (March 2012): 69–88. http://dx.doi.org/10.22145/flr.40.1.3.

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Political controversies in New South Wales and Canada recently have focused public attention on the constitutional practice of proroguing parliament. They have also shone a light on two lingering areas of uncertainty that surround its operation under the Commonwealth Constitution. This article seeks to clarify these two muddy areas of the law concerning prorogation. The first is the effect of prorogation on the Senate and its committees. Since Federation, the Senate has purported to authorise its committees to continue to function notwithstanding a prorogation of the Parliament. However, it is argued that this practice is unsupported by the provisions of the Constitution and the Senate has no such power. Second, the article examines the operation of the conventions that constrain the Governor-General's power to prorogue. Prorogation generally is exercised on the advice of the Prime Minister. However, this article contends that where a Prime Minister seeks to prorogue Parliament to avoid a vote of no confidence, the Governor-General will have a discretion to reject the advice. It may also be open to the Governor-General to reject an advice to prorogue where the purpose is to avoid scrutiny of a fundamental constitutional illegality. In Australia, the uncertainties that surround prorogation, coupled with the now precarious political landscape in Canberra, create the very real possibility of a prorogation crisis at the Commonwealth level. This article provides a response to these uncertainties. In doing so it offers a solution to how a prorogation crisis can be resolved, whilst maintaining the fine balance of power in our constitutional system.
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Grenfell, Laura. "Rights-Scrutiny Cultures and Anti-Bikie Bills in Australian State Parliaments: ‘A Bill of Rights for the Hell's Angels’." Federal Law Review 44, no. 3 (September 2016): 363–99. http://dx.doi.org/10.1177/0067205x1604400302.

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This paper analyses how four Australian state parliaments debate the rights implications of anti-bikie bills that restrict various individual rights. It focuses on three state parliaments–those of Victoria, Queensland and New South Wales–which have committees that scrutinise all bills for their rights implications and it compares the debate in these parliaments with that of South Australia where such systematic rights-scrutiny of all bills is absent. The paper considers whether the existence of a formal parliamentary committee for rights-scrutiny strengthens or diminishes the process of parliamentary scrutiny of bills for their rights implications. Overall the paper argues that, regardless of the system in place, parliamentary rights-scrutiny remains weak in the four surveyed Australian states when parliaments debate law and order bills. However, this weakness is manifested in different ways, with full and frank rights-deliberation deficient in Victoria, Queensland and New South Wales and systematic and well-informed rights-scrutiny absent in South Australia.
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Moulds, Sarah. "Scrutinising COVID-19 laws: An early glimpse into the scrutiny work of federal parliamentary committees." Alternative Law Journal 45, no. 3 (August 10, 2020): 180–87. http://dx.doi.org/10.1177/1037969x20946990.

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Australia’s parliamentary model of rights protection depends in large part on the capacity of the federal Parliament to scrutinise the law-making activities of the Executive government. Emergency law-making undertaken in response to the COVID-19 pandemic has challenged the Australian Parliament’s capacity to provide meaningful scrutiny of proposed laws, particularly identifying and addressing the impact of emergency powers on the rights of individuals. In this context, the work of parliamentary committees has become increasingly important. Special committees, such as the Senate Select Committee on COVID-19, have been set up to provide oversight and review of Australia’s response to the pandemic. This article gives an early glimpse into the key features of the COVID-19 Committee and the way it may interact with other committees within the federal system to scrutinise the government's legislative response to the pandemic. It also offers some preliminary thoughts on the capacity of these committees to deliver meaningful rights scrutiny.
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Hastings, Sam, and Kate Doust. "An Overview of Post-Legislative Scrutiny in Western Australia." Journal of Southeast Asian Human Rights 3, no. 2 (December 5, 2019): 231. http://dx.doi.org/10.19184/jseahr.v3i2.13599.

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Twenty years ago, the House of Lords Select Committee into the Constitution focused attention back onto the concept of post-legislative scrutiny. Since then, a clear framework and momentum for systematic post-legislative scrutiny has developed which has enabled parliaments to strengthen their role in the legislative process. However, there is a dearth of academic research into post-legislative scrutiny in Australian jurisdictions. Currently, there is no clear picture of the extent of post-legislative scrutiny in Western Australia and the factors in support, and challenges in implementing, systematic review of legislation. This article examines the extent of post-legislative scrutiny conducted by or overseen by the Parliament of Western Australia. An analysis of review reports and parliamentary debates reveals the outcomes of post-legislative scrutiny by the Executive. This article also examines outcomes of post-legislative scrutiny conducted by parliament through the application of the Westminster Foundation for Democracy’s Principles of Post-Legislative Scrutiny. Finally, barriers to post-legislative scrutiny by the legislature and options for reform are explored.
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Capling, Ann, and Kim Richard Nossal. "Parliament and the Democratization of Foreign Policy: The Case of Australia's Joint Standing Committee on Treaties." Canadian Journal of Political Science 36, no. 4 (September 2003): 835–55. http://dx.doi.org/10.1017/s0008423903778883.

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There is little agreement about the degree to which parliamentary institutions can help overcome the democratic deficit in global governance. While much of the literature on the European Union's democratic deficit focuses on reforming parliament, most commentary on the subject in global governance and foreign policy holds out little hope that national parliaments could be used to mitigate the effects of the internationalization of public policy. This article examines the case of the Joint Standing Committee on Treaties (JSCOT), established by the Australian government in 1996 in an explicit attempt to use parliamentary reform to address the democratic deficit. Although JSCOT was highly active, it did not significantly change the way in which Australian national positions in international negotiations were arrived at; the democratic deficit created in Australia by increasing internationalization has not been mitigated by the creation of this committee. While the JSCOT initiatives might have been motivated by the concerns of the government of John Howard to overcome the democratic deficit, the way in which JSCOT actually evolved departed considerably from those original intentions. Ironically, JSCOT evolved in ways not dissimilar to the evolution of NGO consultation in Canada in the 1990s: as a tool of political management, a means by which the government could channel protest, deflect opposition, and in essence legitimize its own policy preferences.
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Mitchell, Andrew D. "Is Genocide a Crime Unknown to Australian Law? Nulyarimma v. Thompson." Yearbook of International Humanitarian Law 3 (December 2000): 362–83. http://dx.doi.org/10.1017/s1389135900000702.

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While it is clear that international treaties become part of Australian domestic law only once implemented by domestic legislation, it is less certain whether implementing legislation is required to incorporate customary international law into Australian law. This question is assuming a new importance as international law moves beyond dealing simply with relationships between sovereign nations to protecting the human rights of groups and individuals within states. Since the arrival of Europeans, indigenous Australians have witnessed enormous violations of their human rights. InNulyarimmav.Thompson, members of the Aboriginal community alleged that certain Commonwealth Ministers and Members of Parliament had committed genocide, and sought various remedies. Since Australia has not implemented the Convention on the Prevention and Punishment of the Crime of Genocide by legislation, the case squarely raised the issue of whether customary international law, and in particular international criminal law, could become part of Australian law without the assistance of Parliament.
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Fischer, A. J. "Electoral Distortion under STV Random Sampling Procedures: A Comment." British Journal of Political Science 18, no. 1 (January 1988): 142–43. http://dx.doi.org/10.1017/s0007123400005007.

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In a recent Note in this Journal by Gallagher and Unwin, it was stated that the element of randomness due to sampling surplus votes in single transferable vote (STV) elections ‘has long been recognized, but no previous attempt has been made to assess its impact’. This is incorrect. Work done in Australia (and reported in the leading Australian journals in their respective fields) has comprehensively dealt with this problem both in theory and practice. Since STV is practised in national elections in only three countries (Australia, Ireland and Malta, the most populous being Australia) it is surprising that contributors to, and referees of, this Journal should be unaware of such material. It was largely because of the evidence contained in these articles that the Joint Committee on Electoral Reform recommended to the Australian Parliament an amendment to the Electoral Act, to avoid the problems caused by sampling votes, by using the Gregory method of counting them. The Act was amended in this way in 1983.
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Halligan, John, and Richard Reid. "Conflict and Consensus in Committees of the Australian Parliament." Parliamentary Affairs 69, no. 2 (September 23, 2015): 230–48. http://dx.doi.org/10.1093/pa/gsv044.

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Frappell, Stephen. "Parliamentary Privilege in New South Wales." International Journal of Legal Information 48, no. 1 (2020): 20–26. http://dx.doi.org/10.1017/jli.2020.3.

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The law of parliamentary privilege in New South Wales is the sum of certain immunities, rights, and powers enjoyed by the individual Houses of the Parliament of New South Wales, together with their members and committees, as constituent parts of the Legislature. The law is complex. It is liberally interspersed with uncertainty and ambiguity. It is also distinctly different from the law of privilege in other Australian jurisdictions, including the Commonwealth, and also from overseas jurisdictions. It is singular in the degree to which it relies on the common law, without recourse to statutory expression or to the historical privileges of the Houses of Parliament in the United Kingdom. Nevertheless, in some respects, the Parliament of New South Wales has been remarkably successful through the courts, and through its own procedures, in asserting the powers and rights of members under the banner of parliamentary privilege, notably in relation to orders for the production of State papers.
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Dissertations / Theses on the topic "Australia ;Parliament Committees"

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Laver, John Poynton, and n/a. "The Public Accounts Committee: pursuing probity and effeciency in the Australian Public Service: the origins, work, nature and purpose of the Commonwealth's Public Accounts Committee." University of Canberra. Management, 1997. http://erl.canberra.edu.au./public/adt-AUC20050621.150413.

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The Commonwealth parliament's Public Accounts Committee (PAC) was established in 1913 and to the end of 1995 had produced 397 reports on government expenditure and administration, with almost all its recommendations implemented by government. However despite the Committee's prominence among the instruments parliament has used to oversight the executive, not only does it lack clear legislative authority for major areas of its activities but its specific purpose is not defined in its legislation. Among other things the latter omission renders proper evaluation of the PAC's effectiveness impossible, as objectives are a necessary prerequisite to assessment. This thesis establishes the de facto purpose of the Committee by tracing the development of standing public accounts committees generally, and by analysing the PAC's work as shown by its output of tabled reports. In that development, six evolutionary phases are identified: the PAC's roots in the move to a parliamentary control of the administration of government expenditure in Britain from the 1780s; its genesis in the 1850s with the concept of the standing public accounts committee, to be concerned with regularity and probity in government expenditure; its origins in the establishment of the British standing public accounts committee , in 1861, stressing high standards of government accounting, audit and reporting; its establishment in the Commonwealth, concentrating on information on departmental activities, efficient implementation of government programs and provision of policy advice; its re-establishment in 1951, stressing parliamentary control of government financial administration; and its operations from 1980, pressing for economic fundamentalist change in the public sector. Their output shows that in these phases the committees concerned displayed characteristic standing public accounts committee activism and independence in utilising the wording of their enabling documentation to adapt themselves to changes in their environment by pursuing a corresponding different mix of one or more of the following concurrent immediate aims: ensuring adequate systems of government accounting, audit and reporting; ensuring probity and regularity in departmental expenditure; obtaining and disseminating information on departmental activities; ensuring high standards of departmental administration and management; providing policy advice to executive government; and ensuring economic, efficient and effective government spending. Together these attributes and practices have made the PAC a parliamentary instrument of unequalled flexibility with a single continuing underlying aim - a purpose not concerning the public accounts per se, but directed at achieving high standards of management and administration in government by calling the Commonwealth's public service to account for its expenditure and activities.
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Gould, Gillian, and n/a. "The expanding role of the Joint Standing Committee on Foreign Affairs, Defence and Trade : 1952 - 1993." University of Canberra. Administrative Studies, 1993. http://erl.canberra.edu.au./public/adt-AUC20060712.120351.

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This research essay examines the emergence and development of the Joint Standing Committee on Foreign Affairs, Defence and Trade and its attempts to influence foreign policy. Established as the Joint Committee on Foreign Affairs in 1952, it was the first committee to have a specific portfolio alignment. The purpose of the committee was to ensure that a considerable number of parliamentarians could become informed about foreign affairs issues. The establishment of a committee for such a purpose was surprising in that proponents of parliamentary reform at that tune were strongly advocating that a comprehensive system of committees be created for the purposes of financial scrutiny of government expenditure and consideration of legislation. Against this background it is interesting that the new committee was not given - and indeed showed no intention of assuming - the role of scrutinising the activities of the Department of External (and later, Foreign) Affairs. It is also interesting that Prime Minister Robert Menzies instigated the committee despite the fact that the government - and particularly the Minister for External Affairs R G Casey - feared the committee might go beyond its terms of reference and attempt to exert influence on government policy. Consequently the government imposed severe restrictions on the committee's activities which resulted in the Opposition steadfastly refusing to participate in the work of the committee for 15 years. Once some of these restrictions were removed, the committee began to operate as a bipartisan committee in 1967 and promptly set about attempting to influence government policy in foreign affairs. Casey's worst fears were realised. Over the years the brief of the committee expanded into the areas of defence and trade. Eleven of the committee's reports address significant defence issues and since 1987 the committee has conducted extensive inquiries into trade matters. For the purposes of this research essay however I have focused on the development of the committee's interest and influence in the area of foreign affairs. Chapter One of this essay describes the background of parliamentary reform which resulted in the establishment of a comprehensive system of committees within the Australian Parliament. Against this background the emergence of the Joint Committee on Foreign Affairs is outlined in Chapter Two. Chapter Three identifies the major trends in the work of the committee while Chapter Four examines the influence and some of the mechanisms through which the committee has exerted pressure on foreign affairs policy. The conclusions of my research are addressed in Chapter Five. This research essay is based on an analysis of official committee documents which address foreign affairs issues from 1967 to the present. The major sources for the essay therefore are the reports of the committee, government responses to those reports and parliamentary debates. Other works consulted include academic journals and monographs. I have also gained numerous insights into the powers and limitations of committees through informal discussions with members of various committees and colleagues. To these people I am indebted for their thoughtful and provocative remarks. In particular I thank Professor John Halligan of the University of Canberra for his assistance and encouragement in bringing this research essay to its conclusion.
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Elder, David R. "The social construction of Aboriginal fringe-dwellers." Master's thesis, 1987. http://hdl.handle.net/1885/116806.

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Since the early days of the colonization of Australia, governments have established commissions and committes of inquiry to investigate and to provide them with advice about solutions to the Aboriginal 'problem'.' These inquiries, as Woenne notes, have also had an educative aspect, informing the general public of the 'true state of affairs' of the Aboriginal situation, (woenne 1979:324-56) The passing of the 1967 referendum and the establishment of Aboriginals as an issue of public interest has seen an increasing reliance by governments on the advisory and educative functions of such inquiries. Current policies of self-determination and self-management have contributed to this trend as governments have established inquiries to consult with Aborigines and provide them with advice that ostensibly reflects Aboriginal needs and desires. Despite this trend there are few studies of such inquiries. (Woenne 1979 and Australian Institute of Aboriginal Studies 1984) This thesis is about one of these inquiries, that of the House of Representatives Standing Committed on Aboriginal Affairs into fringe-dwelling Aboriginal communities.
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Books on the topic "Australia ;Parliament Committees"

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Australia. Parliament. Senate. Procedure Committee. Senate Committee System: The Senate Procedure Committee first report of 1994. Canberra: Commonwealth of Australia, 1994.

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Senate, Australia Parliament. Senate legislative and general purpose standing committees: The first 20 years, 1970-1990. Canberra: Senate Committee Office, 1990.

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Senate, Australia Parliament. Register of Senate committee reports (1970-1990). Canberra: Australian Government Pub. Service, 1991.

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Australia. Parliament. House of Representatives. Standing Committee on Procedure. The standing orders governing the conduct of Committees of the House 35th Parliament, sixth report. [Canberra]: The Committee, 1989.

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Procedure, Australia Parliament House of Representatives Standing Committee on. Ten years on: A review of the House of Representatives Committee system. Canberra: The Parliament, 1998.

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Televising, Australia Parliament House of Representatives Select Committee on. The eyes have it!: Inquiry into the televising of the House of Representatives and its committees : report of the House of Representatives Select Committee on Televising. Canberra: Australian Govt. Pub. Service, 1991.

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Policy making in a three party system: Committees, coalitions, and Parliament. London: Methuen, 1986.

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The literature on royal commissions, select committees of Parliament, and boards of inquiry held in Australia, 1856-1980: A select bibliography. Bundoora, Vic: La Trobe University Library, 1990.

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Wilma, Atkins, and Marshall Julie G, eds. Checklist of Royal Commissions, Select Committees of Parliament, and Boards of Inquiry: Commonwealth, New South Wales, Queensland, Tasmania, and Victoria, 1960-1980 and South Australia, 1970-1980. Bundoora, Vic: Borchardt Library, La Trobe University, 1986.

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Australia. Parliament. Joint Committee of Public Accounts. Public Accounts Committee and sittings of the Senate. Canberra: Australian Govt. Pub. Service, 1988.

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Book chapters on the topic "Australia ;Parliament Committees"

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Leuprecht, Christian. "New Zealand." In Intelligence as Democratic Statecraft, 156–70. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192893949.003.0007.

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As the smallest and most centralized in the Five Eyes community, New Zealand’s intelligence and security community, and the system that holds it accountable, is an outlier. New Zealand’s proximity to Australia is reflected in parallels in intelligence accountability between the two Tasman allies. On the one hand, its relatively smaller size is reflected in certain unique attributes of intelligence accountability, such as its limited scope and access to sensitive material. On the other hand, its more modest size has been beneficial in driving innovation that has subsequently been adopted elsewhere, notably the double lock system for warrants. The chapter reviews the member organizations of the New Zealand’s National Intelligence Community, the particular strategic environment that has informed intelligence and accountability in New Zealand, its rather distinct national security threats, as well as New Zealand’s modest, centralized yet innovative intelligence accountability architecture: the Inspector General of Intelligence and Security, which has an Advisory Panel that is an attribute unique to New Zealand, the Intelligence and Security Committee of Parliament, and the Commissioner of Intelligence Warrants. New Zealand’s experience draws attention to economies of effort to be harnessed for scarce resources on the big collectors and assessor rather than other government clients that only receive intelligence. New Zealand also differs from other Five Eyes parliamentary intelligence committees in granting only limited access to sensitive operational matters or information. Mandatory regular review of legislation offers an opportunity to assess for efficacy and propose comprehensive improvements to innovate agencies and practices.
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Shephard, Mark, and Jack Simson Caird. "18. The Role of a Backbench MP." In Exploring Parliament. Oxford University Press, 2018. http://dx.doi.org/10.1093/hepl/9780198788430.003.0018.

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This chapter considers the nature and roles of backbench Members of Parliament (MPs) as well as their impact and influence, placing emphasis on the Backbench Business Committee. The term ‘backbench’ refers to where the MPs or peers sit in the House of Commons — behind those with either ministerial frontbench or shadow ministerial frontbench positions. The definition of a backbencher holds in many other parliamentary systems where the executive is drawn from the legislative branch (for example, Canada, New Zealand, and Australia). However, emphasis on the role of backbenchers might vary depending on the parliamentary system. The chapter discusses the role of backbenchers in the UK Parliament, such as supporting their party; scrutinizing government; representing and furthering the interests of their constituency and constituents; contributing to policy development; and promotion of public understanding.
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Calabresi, Steven Gow. "The Privy Council: The Umpire of the British Empire." In The History and Growth of Judicial Review, Volume 1, 35–96. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190075774.003.0004.

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This chapter describes the history and workings of the Privy Council, which was the Supreme Court of both the First and Second British Empires from 1607 until the present day. The Judicial Committee of the Privy Council (JCPC), as it came to be called in 1833, provided vertical federalism judicial review in all British Imperial cases arising outside of England and Wales to ensure that English colonies were not adopting laws that were repugnant to English law. The British Empire from 1607 to the present day was and is a constitutional federal entity with centralized federalism judicial review vested in what is now called the JCPC. The JCPC, which still exists, does not have the power of horizontal judicial review, either over acts of the U.K. Parliament, or of the prime minister. The Privy Council between 1607 and 1776 reined in the thirteen North American British colonies when they enacted laws or decided cases in ways that were repugnant to the laws of England. The JCPC decided Canadian and Australian federalism and separation of powers case from 1867 on thereby habituating those countries to the practice of federalism and separation of powers judicial review, which both countries have followed since gaining independence.
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