Menu
News
All News
Dungeons & Dragons
Level Up: Advanced 5th Edition
Pathfinder
Starfinder
Warhammer
2d20 System
Year Zero Engine
Industry News
Reviews
Dragon Reflections
Columns
Weekly Digests
Weekly News Digest
Freebies, Sales & Bundles
RPG Print News
RPG Crowdfunding News
Game Content
ENterplanetary DimENsions
Mythological Figures
Opinion
Worlds of Design
Peregrine's Next
RPG Evolution
Other Columns
From the Freelancing Frontline
Monster ENcyclopedia
WotC/TSR Alumni Look Back
4 Hours w/RSD (Ryan Dancey)
The Road to 3E (Jonathan Tweet)
Greenwood's Realms (Ed Greenwood)
Drawmij's TSR (Jim Ward)
Community
Forums & Topics
Forum List
Latest Posts
Forum list
*Dungeons & Dragons
Level Up: Advanced 5th Edition
D&D Older Editions
*TTRPGs General
*Pathfinder & Starfinder
EN Publishing
*Geek Talk & Media
Search forums
Chat/Discord
Resources
Wiki
Pages
Latest activity
Media
New media
New comments
Search media
Downloads
Latest reviews
Search resources
EN Publishing
Store
EN5ider
Adventures in ZEITGEIST
Awfully Cheerful Engine
What's OLD is NEW
Judge Dredd & The Worlds Of 2000AD
War of the Burning Sky
Level Up: Advanced 5E
Events & Releases
Upcoming Events
Private Events
Featured Events
Socials!
Twitch
YouTube
Facebook (EN Publishing)
Facebook (EN World)
Twitter
Instagram
TikTok
Podcast
Features
Top 5 RPGs Compiled Charts 2004-Present
Adventure Game Industry Market Research Summary (RPGs) V1.0
Ryan Dancey: Acquiring TSR
Q&A With Gary Gygax
D&D Rules FAQs
TSR, WotC, & Paizo: A Comparative History
D&D Pronunciation Guide
Million Dollar TTRPG Kickstarters
Tabletop RPG Podcast Hall of Fame
Eric Noah's Unofficial D&D 3rd Edition News
D&D in the Mainstream
D&D & RPG History
About Morrus
Log in
Register
What's new
Search
Search
Search titles only
By:
Forums & Topics
Forum List
Latest Posts
Forum list
*Dungeons & Dragons
Level Up: Advanced 5th Edition
D&D Older Editions
*TTRPGs General
*Pathfinder & Starfinder
EN Publishing
*Geek Talk & Media
Search forums
Chat/Discord
Menu
Log in
Register
Install the app
Install
The
VOIDRUNNER'S CODEX
is coming! Explore new worlds, fight oppressive empires, fend off fearsome aliens, and wield deadly psionics with this comprehensive boxed set expansion for 5E and A5E!
Community
General Tabletop Discussion
Publishing Business & Licensing
An Unexpected Victory, Unconditional Surrender, and Unfinished Business.
JavaScript is disabled. For a better experience, please enable JavaScript in your browser before proceeding.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an
alternative browser
.
Reply to thread
Message
<blockquote data-quote="pemerton" data-source="post: 8922150" data-attributes="member: 42582"><p>The Hight Court of Australia is the supreme constitutional and common law court of Australia. (So structurally it is similar to the Canadian Supreme Court and different from the US Supreme Court.)</p><p></p><p>Legal culture and judicial politics in Australia are very different from what they are in the US.</p><p></p><p>A recent controversial case in Australia was <a href="https://en.wikipedia.org/wiki/Love_v_Commonwealth" target="_blank">Love; Thoms</a>. The case concerned the constitutional power to make laws with respect to aliens - that is the constitutional power on which Australian migration and deportation law rests. The case held (roughly) that no Indigenous Australian person (ie who is a member of a First Nations community) can be considered an alien for constitutional purposes, and hence cannot be governed by deportation laws that depend for their validity upon the fact that those whom they target are aliens.</p><p></p><p>The government at the time of this decision was a conservative (Liberal and National Party) government. At the time that government lost office, in last year's election, there was actually a case on foot which was challenging the correctness of the decision - the composition of the bench had changed, and the government was hoping that a new majority might find that the decision was wrong, and hence overturn in.</p><p></p><p>The new (and current) government, which is a Labor Party (ie centre-left) government withdrew that case, and so the decision in Love stands.</p><p></p><p>Here is a list of how the judges decided in the case, and in brackets which party appointed them: when looking at the list, keep in mind the following four things: (i) in Australia, judges are appointed by the government of the day and there is no analogy to the US Senate hearings for federal judicial appointments; (ii) the Liberal Party of Australia is the predominant conservative party in the country; (iii) the majority decision was the one which held that the aliens power does <em>not</em> reach to Indigenous people, whereas the minority held that whether or not Indigenous people can count as aliens is a matter for the Parliament to decide by way of legislation; (iv) it was a Liberal Party government that was challenging the correctness of the majority decision, and it was a Labour Party government that withdrew that challenge once it took office:</p><p></p><p>Kiefel CJ (minority; Liberal)</p><p>Bell J (majority; Labour)</p><p>Gageler J (minority; Labour)</p><p>Keane J (minority; Labour)</p><p>Nettle J (majority; Liberal)</p><p>Gordon J (majority; Liberal)</p><p>Edelman J (majority; Liberal)</p><p></p><p>That should give you a sufficient indication of the way in which Australia's legal culture and judicial politics are quite different from the US.</p></blockquote><p></p>
[QUOTE="pemerton, post: 8922150, member: 42582"] The Hight Court of Australia is the supreme constitutional and common law court of Australia. (So structurally it is similar to the Canadian Supreme Court and different from the US Supreme Court.) Legal culture and judicial politics in Australia are very different from what they are in the US. A recent controversial case in Australia was [url=https://en.wikipedia.org/wiki/Love_v_Commonwealth]Love; Thoms[/url]. The case concerned the constitutional power to make laws with respect to aliens - that is the constitutional power on which Australian migration and deportation law rests. The case held (roughly) that no Indigenous Australian person (ie who is a member of a First Nations community) can be considered an alien for constitutional purposes, and hence cannot be governed by deportation laws that depend for their validity upon the fact that those whom they target are aliens. The government at the time of this decision was a conservative (Liberal and National Party) government. At the time that government lost office, in last year's election, there was actually a case on foot which was challenging the correctness of the decision - the composition of the bench had changed, and the government was hoping that a new majority might find that the decision was wrong, and hence overturn in. The new (and current) government, which is a Labor Party (ie centre-left) government withdrew that case, and so the decision in Love stands. Here is a list of how the judges decided in the case, and in brackets which party appointed them: when looking at the list, keep in mind the following four things: (i) in Australia, judges are appointed by the government of the day and there is no analogy to the US Senate hearings for federal judicial appointments; (ii) the Liberal Party of Australia is the predominant conservative party in the country; (iii) the majority decision was the one which held that the aliens power does [i]not[/i] reach to Indigenous people, whereas the minority held that whether or not Indigenous people can count as aliens is a matter for the Parliament to decide by way of legislation; (iv) it was a Liberal Party government that was challenging the correctness of the majority decision, and it was a Labour Party government that withdrew that challenge once it took office: Kiefel CJ (minority; Liberal) Bell J (majority; Labour) Gageler J (minority; Labour) Keane J (minority; Labour) Nettle J (majority; Liberal) Gordon J (majority; Liberal) Edelman J (majority; Liberal) That should give you a sufficient indication of the way in which Australia's legal culture and judicial politics are quite different from the US. [/QUOTE]
Insert quotes…
Verification
Post reply
Community
General Tabletop Discussion
Publishing Business & Licensing
An Unexpected Victory, Unconditional Surrender, and Unfinished Business.
Top