Interpretation and Cooperative Federalism: Bond v R from a Constitutional Perspective

2001 ◽  
Vol 29 (1) ◽  
pp. 75-94 ◽  
Author(s):  
James McConvill ◽  
Darryl Smith
Keyword(s):  
United Kingdom ◽  
Western Australia ◽  
Subject Matter ◽  
Constitutional Interpretation ◽  
Flexible Approach ◽  
The United Kingdom ◽  
The Subject ◽  
The Common ◽  
Political Principles ◽  
Cooperative Federalism

[C]o-operative federalism is not a constitutional term. It is a political slogan, not a criterion of constitutional validity or power. … Where constitutional power does not exist, no cry of co-operative federalism can supply it. If the object lies outside the reach or the effect of what a State or the Common-wealth can constitutionally do, the subject matter is beyond the reach of the legislature. 1 1 Re Wakim; Ex parte McNally (1999) 198 CLR 511 (‘Re Wakim’) at 556 per McHugh J. See also McHugh J's pertinent comment in McGinty v Western Australia (1996) 186 CLR 140 at 231-32: “After the decision of this Court in the Engineers' Case, the Court had consistently held, prior to Nationwide News and Australian Capital Television Pty Ltd v The Commonwealth, that it is not legitimate to construe the Constitution by reference to political principles or theories that are not anchored in the text of the Constitution or are not necessary implications from its structure” (emphasis added). For a discussion of the High Court's alternative “flexible” approach to constitutional interpretation, refer to J McConvill “The United Kingdom is a Foreign Power- Sue v Hill” (2000) 4(2) Deakin L R 151.

The Actuarial Aspects of Recent Legislation, in the United Kingdom and other Countries, on the subject of Compensation to Workmen for Accidents

1902 ◽  
Vol 36 (5-6) ◽  
pp. 417-564 ◽  
Author(s):  
John Nicoll
Keyword(s):  
United Kingdom ◽  
Common Law ◽  
Early Period ◽  
Jewish Law ◽  
The United Kingdom ◽  
The Subject ◽  
The Common

The liability of the employer to compensate his employees, as well as other persons, for injuries sustained through his fault, may be traced from an early period in the world's history in the Common Law of various countries.For example, by the Jewish Law, said to have been promulgated about the year 1500 B.C., if a master were the means of causing the loss, either intentionally or unintentionally, of the eye or of the tooth of his slave, he was bound to let him go free for his eye or his tooth's sake. Again, according to the same law, if an employer allowed his ox to gore either his servant or a stranger, he was required to pay various compensations to the injured if he survived, or to his relatives in the event of the injury being followed by death.

Illegal Earnings

2018 ◽  
Vol 9 (1) ◽  
pp. 54-80
Author(s):  
James Goudkamp ◽  
Lorenz König
Keyword(s):  
United Kingdom ◽  
Common Law ◽  
Tort Law ◽  
Contract Law ◽  
Private Law ◽  
The United Kingdom ◽  
Considerable Promise ◽  
The Subject ◽  
The Common ◽  
The Law

AbstractThis article addresses the principles of tort law that govern claims in respect of lost illegal earnings. It focuses on common law jurisdictions (and the law in the United Kingdom in particular) where such claims, despite apparently being commonplace, have been largely ignored by academics. It describes the existing law and calls in aid in this regard a four-fold taxonomy of cases. The article then turns attention to how claims in respect of lost illegal earnings ought to be decided. At this juncture, the article looks to ideas emanating from German tort law, which has developed a highly sophisticated jurisprudence on the subject of illegal earnings. The German approach, stated simply, requires tort law to defer to rules in other departments of private law. If, for example, contract law would not protect an interest that a claimant has in a particular transaction by reason of the transaction being tainted with illegality, tort law will not allow a claimant indirectly to obtain the benefits of that transaction via a claim for lost illegal earnings. It is argued that the German solution holds considerable promise and merits consideration as a serious alternative to the significantly more complicated principles that the common law courts have developed, which principles currently lack any thoroughgoing rationalisation.

scholarly journals The Rule of Causa Proxima as a Principle of Insurance

2014 ◽  
pp. 154-163
Author(s):  
Manjeet Kumar Sahu
Keyword(s):  
United States ◽  
United Kingdom ◽  
Subject Matter ◽  
The United States ◽  
Proximate Cause ◽  
Insurance Law ◽  
The United Kingdom ◽  
The Subject

The rule of Causa promixa (proximate cause) is derived from a latin phrase causa proxima non remota spectator (the immediate, and not the remote cause is to be considered). This article highlights the significance of the rule of causa proxima which is a key principle of insurance and is concerned with how the loss or damage actually occurred and whether it is indeed a result of an insured peril. It primarily discusses about the emphasis laid on the test of proximate cause in Insurance Law, in order to identify the causation of the loss or damage. It makes an effort to substantiate the subject matter by looking into the trends of interpretation of the rule, including in countries like the United Kingdom, the United States, India and Canada.

Consultative Council of Western Powers

1950 ◽  
Vol 4 (3) ◽  
pp. 510-512
Keyword(s):  
United Kingdom ◽  
Point Of View ◽  
The Other ◽  
Common Interest ◽  
Total Expenditure ◽  
The United Kingdom ◽  
Accurate Indication ◽  
The Subject ◽  
The Common ◽  
Common Effort

Eighth SessionThe eighth session of the Consultative Council of Western Powers was held in Brussels on April 16 and 17, 1950. The main business of the meeting was to discuss how the costs of the joint defense projects could be shared. Up to this time each government had paid the costs of its own contingents at the disposal of the organization and all expenditure incurred within its own territory. From the French point of view this had tended to make the common effort relatively more expensive for France than for the other countries while from the United Kingdom point of view, simply fixing the percentages that each country should, bear of the total expenditure would not necessarily be fair, as an airfield built under the treaty plans could in peace time be an advantage to the country in which it was located. This point of view was, in turn, not particularly favored by the Belgians who felt that Belgium had contributed to the common defense proportionally as much as the other powers. The relative amount in each country's budget devoted to the common pool was not an accurate indication as each budget had been drawn up in an entirely different manner, making comparisons difficult. The only thing which counted was the final result: the number of men trained and equipped as well as the material which each country could put on the line; in this regard the Belgians felt they were certainly not lagging behind. It was finally agreed at the meeting that projects of common interest should be paid for in common. The procedure for such payment was to be the subject of proposals submitted to the governments.

I.—A Western Australian Geologist

1897 ◽  
Vol 4 (9) ◽  
pp. 385-388
Author(s):  
Harry Page Woodward
Keyword(s):  
United Kingdom ◽  
Western Australia ◽  
The United Kingdom ◽  
Australian Continent ◽  
The Subject ◽  
Great Region ◽  
Western Australian ◽  
At Home

Everything relating to the progress of geology in our Colonies is, or ought to be, of interest to geologists at home; and those who have helped forward this movement are also deserving of recognition and commendation here. The subject of the present notice has left his hammer-marks on the rocks of Western Australia, and has covered many thousand miles on horseback, on foot, by rail and steamboat, from north to south and from east to west of this great region, containing an estimated area of 976,000 square miles, being about nine times that of the United Kingdom, and covering about one-third of the whole Australian Continent.

scholarly journals A Comparison Study of Curriculum between TESOL in the United Kingdom and TCSOL in China

2020 ◽  
Vol 11 (4) ◽  
pp. 568
Author(s):  
Yong Wu ◽  
Yuqi Qiu ◽  
Fonny Dameaty Hutagalung ◽  
Callum McNeill-Keay
Keyword(s):  
United Kingdom ◽  
Future Development ◽  
Subject Matter ◽  
Comparison Study ◽  
The United Kingdom ◽  
The Future ◽  
New Thinking ◽  
The Subject ◽  
Similarities And Differences ◽  
Teaching Chinese

This research analyses 10 universities from the United Kingdom and China respectively to make a comparison between TESOL and TCSOL curriculum. Based on the analysis, the compulsory courses, and optional courses, some similarities and differences have been analyzed. By referring to the curriculum of TESOL, some suggestions have been put forward. This research aims to inject broader approaches to the study of Master of Teaching Chinese to Speakers of Other Language (TCSOL), which would result in an enhanced understanding and enlargement of the subject matter, provide new thinking direction, promote the development of TCSOL, and reduce the possible confusion on the future development.

CAPITAL MAINTENANCE: A NEGLECTED NOTION

1987 ◽  
Vol 14 (2) ◽  
pp. 59-69 ◽  
Author(s):  
Oscar S. Gellein
Keyword(s):  
United Kingdom ◽  
Capital Maintenance ◽  
The United Kingdom ◽  
The Subject

This paper traces in descriptive fashion some of the developments of thought about capital maintenance during this century. The adverse consequences of neglecting the subject are mentioned after a basic review of the concepts. Contrasts among the theories from the United Kingdom and Ireland, Canada, Australia and other countries are also made.

The Trade Mark, Other Product Designations, and Goodwill

2017 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Subject Matter ◽  
Common Law ◽  
Trade Mark ◽  
Geographical Indication ◽  
Passing Off ◽  
Rights Protection ◽  
Essential Properties ◽  
The Subject ◽  
The Common ◽  
The Relationship

This chapter considers the meaning of the terms that appropriately denote the subject matter protectable by registered trade mark and allied rights, including the common law action of passing off. Drawing on the earlier analyses of the objects protectable by patent and copyright, it defines the trade mark, designation of origin, and geographical indication in their current European and UK conception as hybrid inventions/works in the form of purpose-limited expressive objects. It also considers the relationship between the different requirements for trade mark and allied rights protection, and related principles of entitlement. In its conclusion, the legal understandings of trade mark and allied rights subject matter are presented as answers to the questions identified in Chapter 3 concerning the categories and essential properties of the subject matter in question, their method of individuation, and the relationship between and method of establishing their and their tokens’ existence.

scholarly journals The Common Representative Intermediates Mechanism version 2 in the United Kingdom Chemistry and Aerosols Model

2020 ◽  
Author(s):  
Scott Archer-Nicholls ◽  
Nathan Luke Abraham ◽  
Youngsub Matthew Shin ◽  
James Weber ◽  
Maria Rosa Russo ◽  
...  
Keyword(s):  
United Kingdom ◽  
The United Kingdom ◽  
The Common
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