Resolving Conflicts of Laws PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Resolving Conflicts of Laws PDF full book. Access full book title Resolving Conflicts of Laws by Mark James Leeming. Download full books in PDF and EPUB format.
Author: Mark James Leeming
Publisher:
ISBN: 9781862878259
Category : Law
Languages : en
Pages : 258
Get Book Here
Book Description
Resolving Conflicts of Laws was cited 6 times by the High Court in Momcilovic v The Queen (2011) 2451 CLR 1; [2011] HCA 34. It has also been cited in the Same-Sex Marriage Case (Commonwealth of Australia v Australian Capital Territory) (2013) 250 CLR 441; [2013] HCA 55 at [61], in Plaintiff M47-2012 v Director General of Security (2012) 251 CLR 1; [2012] HCA 46 at [54] and [136], in Sportsbet Pty Ltd v New South Wales (2012) 249 CLR 298; [2012] HCA 13 at [10], in CFMEU v Director of the Fair Work Building Industry Inspectorate (No 2) (2013) 209 FCR 464; [2013] FCAFC 25 at [61]; in Wreck Bay Aboriginal Community Council v Williams [2017] ACTCA 46 at [45] and [47] and in a large number of other appellate and first instance decisions. An important feature in all legal systems, but especially in federations whose polities have overlapping legislative powers, is that those laws regularly conflict - or at least are claimed to conflict. Any coherent legal system must have principles for resolving such conflicts. Those principles are of immense practical as well as theoretical importance. This book, which straddles constitutional law and statutory interpretation, describes and analyses those principles.This book does not merely address the conflicts between Commonwealth and State laws resolved by the Constitution (although it does that and in detail). It analyses the resolution of all of the conflicts of laws that occur in the Australian legal system: conflicts between laws enacted by the same Parliament and indeed within the same statute, conflicts between Commonwealth, State, Territory, Imperial laws and delegated legislation.After identifying the laws in force in Australia, the chapters deal with:conflicts in laws made by the same legislature, focussing on the interpretative process of statutory construction;repugnancy, a doctrine with continuing vitality in the areas of s79 of the Judiciary Act, delegated legislation and Territory laws;conflicts between laws of the Commonwealth and State laws, proposing that the categories of inconsistency (commonly three: direct, indirect and "covering the field") are best seen aspects of a single constitutional concept;conflicts between the laws of two States, andconflicts involving the laws of the self-governing Territories
Author: Mark James Leeming
Publisher:
ISBN: 9781862878259
Category : Law
Languages : en
Pages : 258
Get Book Here
Book Description
Resolving Conflicts of Laws was cited 6 times by the High Court in Momcilovic v The Queen (2011) 2451 CLR 1; [2011] HCA 34. It has also been cited in the Same-Sex Marriage Case (Commonwealth of Australia v Australian Capital Territory) (2013) 250 CLR 441; [2013] HCA 55 at [61], in Plaintiff M47-2012 v Director General of Security (2012) 251 CLR 1; [2012] HCA 46 at [54] and [136], in Sportsbet Pty Ltd v New South Wales (2012) 249 CLR 298; [2012] HCA 13 at [10], in CFMEU v Director of the Fair Work Building Industry Inspectorate (No 2) (2013) 209 FCR 464; [2013] FCAFC 25 at [61]; in Wreck Bay Aboriginal Community Council v Williams [2017] ACTCA 46 at [45] and [47] and in a large number of other appellate and first instance decisions. An important feature in all legal systems, but especially in federations whose polities have overlapping legislative powers, is that those laws regularly conflict - or at least are claimed to conflict. Any coherent legal system must have principles for resolving such conflicts. Those principles are of immense practical as well as theoretical importance. This book, which straddles constitutional law and statutory interpretation, describes and analyses those principles.This book does not merely address the conflicts between Commonwealth and State laws resolved by the Constitution (although it does that and in detail). It analyses the resolution of all of the conflicts of laws that occur in the Australian legal system: conflicts between laws enacted by the same Parliament and indeed within the same statute, conflicts between Commonwealth, State, Territory, Imperial laws and delegated legislation.After identifying the laws in force in Australia, the chapters deal with:conflicts in laws made by the same legislature, focussing on the interpretative process of statutory construction;repugnancy, a doctrine with continuing vitality in the areas of s79 of the Judiciary Act, delegated legislation and Territory laws;conflicts between laws of the Commonwealth and State laws, proposing that the categories of inconsistency (commonly three: direct, indirect and "covering the field") are best seen aspects of a single constitutional concept;conflicts between the laws of two States, andconflicts involving the laws of the self-governing Territories
Author: Martin Davies
Publisher:
ISBN: 9780409332117
Category : Conflict of laws
Languages : en
Pages : 0
Get Book Here
Book Description
Nygh's Conflict of Laws in Australia provides authoritative and comprehensive coverage of the three main areas of private international law: jurisdiction, choice of law and recognition and enforcement of foreign judgments and arbitral awards.The wide-ranging subject matter includes international commercial dealings and other civil obligations, administration of estates and succession, international child abduction, adoption, proof of foreign law, and the recognition of same-sex marriages. It covers the legislation and civil procedure rules of all Australian jurisdictions as well as important common law developments.The ninth edition has been comprehensively revised and updated. It includes discussion and analysis of many new cases, reflecting the growth of litigation involving international elements, particularly in areas of arbitration, enforcement of foreign judgments and cross border insolvency. Legislative changes include Australia's ratification of the Hague Service Convention in late 2010 and the enactment of the Trans-Tasman Proceedings Act 2010 (Cth) and the Australian Consumer Law.The clear explanations of complex concepts make Nygh's Conflict of Laws in Australia an ideal text for both legal practitioners and students of conflict of laws or private international law.Features• Authoritative, reliable content• Complex concepts clearly explained• Expanded content includes maritime law under international Arbitration Act, the nature of marriage, including polygamous and same-sex marriages and information technology across jurisdictions.Related TitlesMortensen, Garnett and Keyes, Private International Law in Australia, 2011
Author: Laura E. Little
Publisher: Aspen Publishing
ISBN: 1454897767
Category : Law
Languages : en
Pages : 1183
Get Book Here
Book Description
In her casebook Conflict of Laws, now in its second edition, internationally respected teacher and scholar Laura Little offers a progressive, innovative approach to teaching complex material. She brings to the subject her drafting and advocacy expertise as the Associate Reporter for the Restatement (Third) Conflict of Laws, authorized by the American Law Institute in 2014. In a subject where there is plenty of room for debate and analysis, this casebook offers a contemporary alternative to the subject by connecting coverage of key concepts to law practice using modern cases and problem pedagogy. With its modular design, clear writing, comprehensive Teacher’s Manual and online support, the text is highly teachable and has proven a road-tested favorite with both students and professors. Key Features Entirely new domestic relations sections throughout the book in light of the U.S. Supreme Court’s Obergefell decision, including analysis of Supreme Court follow-up cases Detailed references to the proposed Restatement (Third), drawing from the author’s work as an Associate Reporter drafting and developing the new restatement of the law Streamlined personal jurisdiction section, presenting the recent U.S. Supreme Court cases in Bristol Myers Squibb and Daimler Updated international law material, including discussion of the new British Defamation Act (and its impact on libel tourism) and the European Union's elimination of exequatur for judgment recognition
Author: Peter Edward Nygh
Publisher:
ISBN:
Category : Conflict of laws
Languages : en
Pages : 806
Get Book Here
Book Description
Author: Peter Edward Nygh
Publisher: Butterworth-Heinemann
ISBN:
Category : Law
Languages : en
Pages : 592
Get Book Here
Book Description
Author: Edward I. Sykes
Publisher: Lawbook Company
ISBN: 9780455210407
Category : Conflict of laws
Languages : en
Pages : 827
Get Book Here
Book Description
Aimed at students and practising lawyers, this book sets out the principles of law that operate when an issue with legal consequences is not confined to a single jurisdiction. This third edition has been extensively revised to include many judicial decisions and legislative amendments. Contains extensive tables of cases, statutes, international conventions, rules and regulations. First published in 1979.
Author: Reid Mortensen
Publisher:
ISBN: 9780409338881
Category : Conflict of laws
Languages : en
Pages : 0
Get Book Here
Book Description
Important recent developments in Australian private international law are discussed, together with legislative reforms and significant decisions, particularly of Australian courts. A new chapter on corporate insolvency has been added in this edition. The book provides an in-depth examination of the following subjects: introduction to private international law; jurisdiction and judgments; international arbitration; choice of law; international family law; choice of law for obligations; choice of property law; international company law ; An understanding of the fundamental concepts in private international law is becoming increasingly important in legal practice, and the accessible style of this text makes it invaluable to both students and practitioners.
Author: Lisa Young (Barrister)
Publisher:
ISBN: 9780409342024
Category : Child abuse
Languages : en
Pages : 0
Get Book Here
Book Description
The second edition of this highly-regarded work provides extensive coverage of the ways in which the law and children interact. Topics such as criminal law, the internet, immigration law, family law, medical law, discrimination law, education and the legal process are included with contributions from expert authors in each area. Each chapter is contributed by an expert on that topic and is written to provide a clear, authoritative and accessible discussion suitable for a wide audience. This edition provides an extended socio-legal focus, ensuring the work is relevant for practitioners, non-legal professionals working in child-related areas, researchers and students in both law and non-law units at undergraduate and postgraduate level. It includes discussion on topical issues such as: surrogacy, youth rights, the internet and cyber bullying, international adoption, migration, international child abduction, the Royal Commission into Child Sexual Assault, and the impact of the Convention on the Rights of the Child on Australian Law. Features * Authoritative commentary by expert contributors * Includes socio-legal focus to ensure accessibility and relevance to a wide market * Includes traditional topics and areas of recent prominence Related Titles * Young, Sifris, Carroll & Monahan, Family Law in Australia, 9th ed, 2016
Author: Cuniberti, Gilles
Publisher: Edward Elgar Publishing
ISBN: 1839106530
Category : Law
Languages : en
Pages : 488
Get Book Here
Book Description
Now in its second edition, and with significant updates and new material, Gilles Cuniberti’s innovative textbook offers a comparative treatment of private international law, a field of great importance in an increasingly globalized world. Written by a leading voice in the field, and using a text and cases approach, this text systematically presents and compares civil law and common law approaches to issues primarily within the United Kingdom, United States, France and the EU, as well as offering additional updated insights into rules applicable in other jurisdictions such as Japan, China and Germany.
Author: Glenn Patmore
Publisher: ANU Press
ISBN: 1925022064
Category : Law
Languages : en
Pages : 183
Get Book Here
Book Description
Law and Democracy: Contemporary Questions provides a fresh understanding of law’s regulation of Australian democracy. The book enriches public law scholarship, deepening and challenging the current conceptions of law’s regulation of popular participation and legal representation. The book raises and addresses a number of contemporary questions about legal institutions, principles and practices: How should the meaning of ‘the people’ in the Australian Constitution be defined by the High Court of Australia?How do developing judicial conceptions of democracy define citizenship?What is the legal right to participate in the political community?Should political advisors to Ministers be subject to legal accountability mechanisms?What challenges do applied law schemes pose to notions of responsible government and how can they be best addressed?How can the study of the ritual of electoral politics in Australia and other common law countries supplement the standard account of democracy?How might the ritual of the pledge of Australian citizenship limit or enhance democratic participation?What is the conflict between legal restrictions of freedom of expression and democracy, and the role of social media? Examining the regulation of democracy, this book scrutinises the assumptions and scope of constitutional democracy and enhances our understanding of the frontiers of accountability and responsible government. In addition, key issues of law, culture and democracy are revealed in their socio-legal context. The book brings together emerging and established scholars and practitioners with expertise in public law. It will be of interest to those studying law, politics, cultural studies and contemporary history.
