Australian Politics and Policy - Senior, 2019a

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Courts Figure 3 Generalised NSW criminal court hierarchy. 171
Australian Politics and Policy native to the soil and the term expedient acknowledges that it was seen as a practical measure to both simplify the resolution of disputes that may be brought before a court under the Constitution, common law or state legislation 21 and delay the need and cost of setting set up a new federal court structure beneath the High Court. 22 Even now that a quite extensive federal court system has been created, the state courts continue to hear most criminal cases brought under federal law. 23 Although not expressly provided for in the Constitution, Australia’s court system has become even more integrated through cross-vesting legislation passed by the Commonwealth and by each state and territory, allowing the Supreme Courts (and to a lesser extent the Federal and Family Courts) to exercise each other’s jurisdiction. The Jurisdiction of Courts (Cross Vesting) Act 1987 (Cth) provides, for example, that in civil matters the Supreme Courts can exercise federal, as well as other states’, jurisdiction. It then provides for the transfer of proceedings to the most appropriate court. However, while federal jurisdiction can be vested in state courts, the Constitution does not allow state jurisdiction to be vested in federal courts. 24 Key constitutional principles There are a number of fundamental doctrines found in the Constitution. They include ‘the rule of law, judicial review, parliamentary sovereignty, the separation of powers, representative democracy, responsible government and federalism’. 25 While each principle influences how courts operate in Australia, two principles in particularcanbesaidtobepartofthecourts’DNA.Thesearetheruleoflawand the separation of judicial power. The rule of law It is commonly accepted that the rule of law is an essential feature or sign of a healthy democratic society. Yet, despite its importance, what the rule of law actually means is highly contested. This is because it can be said to be a political rather than legal concept or an aspirational rather than legal right. Nevertheless, most conceptions of the rule of law start with the ideal that there should be known laws that are administered fairly and that everyone is subject to, 26 whether they are poor, rich, weak, powerful, a private citizen, a public servant or a member of parliament. 21 Crawford and Opeskin 2004, 40. 22 ReWalkim;ExparteMcNally(1999) 198 CLR 511, [200] (Kirby J). 23 Crawford and Opeskin 2004, 43. 24 ReWalkim;ExparteMcNally(1999) 198 CLR 511. 25 Aroney 2018, 1. 26 Burton Crawford 2017, 10–11. 172
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Acknowledgments viii Introduction I
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Contents Religious communities and
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Nicholas Barry, John R. Butcher, Pe
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Introduction The study of politics
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Introduction nature tends towards i
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Introduction existence represented
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Introduction it reflects the knowle
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Introduction Section Political soci
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Introduction Meagher, Gabrielle, an
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Introduction research covers policy
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A short political history of Austra
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Australian political thought Loveda
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Australian political thought Anothe
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Australian political thought in suc
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Australian political thought linked
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Australian political thought giving
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Australian political thought andthe
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Australian political thought commit
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Australian political thought The do
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Australian political thought ——
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Marija Taflaga Key terms/names acco
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Executive government This distingui
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Executive government When the Austr
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Executive government Since the late
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Executive government Table 1 Cabine
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Executive government • the overal
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Executive government served its opp
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Executive government Figure 1 The m
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Executive government Shergold, Pete
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Parliaments of Australia role, many
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Parliaments of Australia Table 1 Pa
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Parliaments of Australia Parliament
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Parliaments of Australia Case examp
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Parliaments of Australia Immediatel
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Parliaments of Australia Case examp
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Parliaments of Australia Scrutiny o
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Parliaments of Australia summary, f
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Jill Sheppard Key terms/names compu
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Electoral systems Figure 1 Response
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Electoral systems However, individu
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Electoral systems linedupandfilledi
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Electoral systems Figure 2 Australi
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Electoral systems government’s fo
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Electoral systems to be grouped wit
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Electoral systems Figure 3 Sample b
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Electoral systems About the author
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The Australian party system Party s
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The Australian party system The sec
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The Australian party system respons
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The Australian party system to vote
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The Australian party system Like th
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The Australian party system per cen
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The Australian party system party s
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