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Commonwealth - Law Dictionary Search Results

Home Dictionary Name: commonwealth

Australia, Commonwealth of.

Australia, Commonwealth of. The association of the people of New South Wales, Victoria, South Australia, Queensland, Tasmania, and Western Australia in a federal Commonwealth comprising also Papua, the Northern Territory, and Norfolk, Ashmore and Cantier Island in the Pacific (and see MANDATED TERRITORIES), with a Constitution enabling its Parliament, consisting of the Sovereign of the British Empire, a Senate, and a House of Representatives, to legislate for the whole of Australia. The legislative powers of the Parliament, which may be found under 39 heads in the 51st paragraph of the Constitution, extend to trade, taxation, defence, coinage, bankruptcy, copyright, marriage, 'the people of any race other than certain aborigines,' immigrants and emigration, 'external affairs,' railway construction, and other matters too numerous to particularize; see Commonwealth of Australia Constitution Act, 1900 (Imperial, 63 & 64 Vict. c. 12); A.-G. for Commonwealth of Australia v. Colonial Sugar R...


Commonwealth Parliamentary Association

Commonwealth Parliamentary Association, is an organisation composed of branches formed in the legislature of various Commonwealth countries. It consists of main Branches formed in the National Parliaments of Commonwealth, State and Provincial Branches formed in State or Provincial legislatures within member countries of the Commonwealth and territorial Parliaments, Dictionary of Constitutional and Parliamentary Terms, Lok Sabha Secretariat, 2nd Edn., 2005, p. 78....


Commonwealth qualification

Commonwealth qualification, means a qualifica-tion granted in a place outside the United Kingdom which is within the Commonwealth, Common-wealth and the Republic of Ireland, sub-s. 27(1) (UK) Halsbury's Laws of England, Vol. 2, para 542, p. 300....


commonwealth

commonwealth 1 : a nation, state, or other political unit: as a : one founded on law and united by compact or tacit agreement by the people for the common good b : one in which supreme authority is vested in the people c : republic 2 : a state of the U.S. used officially of Kentucky, Massachusetts, Pennsylvania, and Virginia 3 often cap : an association of self-governing autonomous states more or less loosely associated in a common allegiance (as to the British crown) 4 often cap : a political unit having local autonomy but voluntarily united with the U.S. used officially of Puerto Rico and the Northern Mariana Islands ...


Commonwealth Court

Commonwealth Court : a court in Pennsylvania that hears cases involving administrative agencies or other governmental bodies ...


Commonwealth

Commonwealth, 1. The social status of a country, without regarding its form of government; also a republic, or that form of government in which the administration of public affairs is open to all, with few, if any, exceptions. 2. The period of the administration of the Parliamentary Army, and the Protector Cromwell. The journals of this Parliament are found alongwith the rest. See DE JURE and UPPER BENCH.Means the United Kingdom the Channel Islands, the Isle of Man, the countries mentioned in the British Nationality Act, 1981, Sch. 3 and all other territories forming part of Her Majesty's dominions or in which Her Majesty has jurisdiction, Air Navigation Order 1989, Art. 106(1) (UK) Halsbury's Laws of England, Vol. 2, para 1190, p. 580...


Cabinet

Cabinet, is an inner body within the Council of Ministers which is responsible for formulating the policy of the Government. The Council of Ministers is collectively responsible to Lok Sabha. It is headed by the Prime Minister who determines which of the Ministers should be members of the cabinet. Only cabinet ministers have a right to attend its meetings. Minister of State attend its meetings only on a special invitation. The total number of ministers, including the Prime Minister, in the council of ministers should not exceed fifteen per cent of the total number of members of the House of the People, Practice and Procedure of Parliament, M.N. Kaul & S.L. Shakdher, 5th Edn., p. 133 [Arts. 75 and 75A, Constitution of India]In many commonwealth countries, cabinet is modelled on British pattern. In Canada, composition of cabinet is influenced by regional considerations. Australia follows the British practice of including only selected ministers in the cabinet, Practice and Procedure of P...


Delegated legislation

Delegated legislation, Delegated Legislation has been defined by Salmond as 'that which proceeds from any authority other than the sovereign power and is therefore dependent for its continued exis-tence and validity on some superior or supreme authority'. (See: Salmond, Jurisprudence, 12th Edn., page 116), Agricultural Marks Committees v. Shalimar Chemical Works, AIR 1997 SC 2502 (2506): (1997) 5 SCC 516.Most of the delegated legislation is called statutory instruments, they are to be laid before Parliament and are subject to approval or disapproval by either House; Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 576.In England, the practice of delegating legislative power increased tremendously after the Reform Bill of 1872 and reforms in Local Government, the first world was caused a further rapid rise in delegated legislation, The Office of the Speaker in the Parliaments of Commonwealth, by Wilding and Philip Laundry, p. 200.The Parliament lays down the principles of law an...


Entrenched clause

Entrenched clause, is a section in the Constitution of some of the Commonwealth countries which can only be repealed or altered by special process and which deals with matters like the liberties of the subject, fundamental institutions of government etc., a number of the newer Commonwealth countries have included entrenched clauses in their Constitutions. The process of amending entrenched clauses varies with each Constitution and may involve a popular referendum, a fixed Parliamentary majority of two-thirds or more a system of delayed legislation or a combination of two or more such factors, Office of Speaker in the Parliaments of Commonwealth, Wilding and Philip Laundry, p. 250.Any amendment of the Constitution necessitated by a legislation by Parliament to: (a) admit or establish a new State; (b) form a new State by separation of territories from any State or by uniting two or more States etc., and (c) abolish or create the legislative Council of State, is not deemed to be an amendm...


Estimates

Estimates, in India, the estimates are presented to the Lok Sabha in the form of estimates, Parliamentary Practice, Erskine May, 22nd Edn., 2001, p. 743.Is the certain details of the anticipated expenses of each department and the specific purposes for which the money is required, the Office of the Speaker in the Parliaments of Commonwealth, Wilding & Philip Laundry, p. 252.In U.K., the Crown's request for supply are sub-mitted to the House of Commons in the form of estimates, Parliamentary Practice, Erskine, May, 22nd Edn., 1997, p. 745.Is the annual detailed statements of the public expenditure proposed to be undertaken by the Government, Parliamentary Dictionary, L.A. Abraham and S.C. Hawtrey, 1956 and H.M. Barclay, 3rd Edn., 1970, p. 94.Contain the details of the anticipated expenses of each department and the specific purposes for which the money is required, the Office of the Speaker in the Parliaments of Commonwealth, Wilding and Philip Laundy, p. 252.In India, the estimates are...


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