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With a society that is continually modernising and businesses that are forever changing it is of vital importance of the parliament to regulate the way businesses are operated. The parliament have five major functions, to provide for the formation of a government; to legislate; to provide the funds needed for government; to provide a forum for popular representation and to scrutinise the actions of government. The constitution has a vital role within society and has a major impact on the way that businesses interact. Including this legislations are a key way that enables parliament to regulate the behaviour of businesses
The constitution states the constitution as the “fundamental law of Australia binding everybody including the commonwealth parliament and the parliament of each state”. The Australian constitution was formed in 1900, and was implemented on the 1st of January 1901. Being under the Commonwealth, the Australian constitution had to be passed by the British Act but was essentially was
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created, drafted and passed by the Australian people. The constitution provides the information for the parliament on the areas they have the power to legislate over. In the Australia Constitution Act- Section 51 Powers of the parliament, states that “the Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth”. Section 51(i) of the Australian constitution allows the parliament to make laws dealing with trade among states and between other countries. This has a major impact on businesses as the parliament due to the constitution can change and monitor the laws that impact businesses to ensure the interactions and dealings are regulated. Legislation that directly impact on businesses can change as the constitution has stated that parliament can alter laws that deal with trade. There are two basic ways in which laws can be made within Australia, the first being statute law. Which are laws that the parliament passes bills to change or create new laws. Statutes may do 3 things, bring new laws into existence, revoke old laws and codify the law. This is key to businesses as new legislations are created due to the changing environment of society. For instance with society changing its technological advancements, laws have to be continually made in regrades to these technological advancements and businesses have to continually ensure they meant these restrictions that may impact their own businesses. Due to a society that is continually changing some laws that were relevant decades ago are no longer needed. This can be key to businesses, as some laws that were present in the 1900’s would mean that some businesses could not be in operation with out breaking the law. As the world around us is continually changing laws need to be codified. In 1993 the Sale of Goods Act was created which is “An act to codify and amend the law relating to the sale of goods”. This legislation applies to all contracts that involve the selling of goods, inclusive of any selling of goods. The Australian Consumer Law affects every business within Australia.
The Australian Consumer Law ensures that regulations are put in place to regulate fair-trading between businesses and consumer. It is a national law that guarantees what the rights consumers have when buying goods and or services. For instance in the Australian Consumer Law ‘Chapter 2- General protections Part 2-2 Unconscionable conduct ‘ person must not, in trade or commerce, engage in conduct that is unconscionable, within the meaning of the unwritten law from time to time’. Unconscionable conduct allows the parliament to regulate the way in which businesses do trading and makes them more accountable for their conduct. Unconscionable conduct ensures the interaction between a dominant and weaker party, which directly allows the parliament to prevent businesses using their power over weaker/disadvantaged members within society to sell products or services. Commercial Bank of Australia v
Amadio With a continually changing society the values and beliefs they hold continually change accordingly. Due to which, societies morals and values change which results in legislations being created or revoked depending what societies opinion on the issue is. Shavell (2002 pp 255) illustrates that ‘legal sanctions should be determined on a way that reflects to some extent the retributivist moral principle that wrongdoers be punished in proportion to the gravity of their bad acts’ Shavell draws upon the relationship between the morals people have and how laws can be drawn upon them. The Australian constitution can be immediately changed by a referendum. For instance the values people hold change so significantly a referendum will occur. The parliamentary education office explains that for a change in the constitution to occur there needs to be ‘a majority of people in a majority of states and a majority of people across the nation’ to vote in accordance with the proposed amendment, then a change in constitution will occur. Before the 1967 people of indigenous decent from Australia weren’t recognised as people of Australia rather fauna. Its nothing less than obscured that aboriginals weren’t seen as people, however it clearly highlights the changing values and morals of people throughout generations. On May 27 1967 the majority of people throughout Australia held the same stance, which lead to two sections of the constitution being changed. Section 51 (XXVI) of the Australian Constitution was changed allowing aboriginals to basic health services including, sickness and hospital benefits. The second section that was changed was Section 127 of the Australian constitution was revoked as it subjected aboriginals to not be counted apart as the number of people of the commonwealth, and essentially Australia. The changing of the constitution clearly highlights how values and morals change throughout time and as it does so laws will continue to change and stay relevant to society.
The decision for Australia to adopt the Federal system was on the principle of which the State’s governments wanted to keep their power. For this reason there was the separation of powers between the newly formed Commonwealth government and the existing State governments. At a constitutional level, there are rulings in which the powers are separated, these rulings due to disputes have slightly changed since 1901. These changes all fell towards the one government, the Commonwealth (Federal) government. However this was not just a landslide event, the Constitution of Australia set up this imbalance of powers between the Commonwealth and State governments. We will explore this further in the points discussed later in this essay.
Australia's federation came about through a process of deliberation, consultation and debate. Before 1901 Australia did not exist as a nation. It was six British colonies, which were self-governed, but under the power of the British Parliament. The colonies were almost like six separate countries. In the 1880s there was so much disorganisation within this system, which caused a belief that a national government was, needed to deal with issues such as trade, defence and immigration saw popular support for federation grow.
In the case of Woolworths and Coles, both businesses are being investigated by the Australian Competition and Consumer Commission (ACCC) for abusing their market power by intimidating suppliers to reduce the price of products so they can buy them for cheap. Due to Woolworths and Coles
Many would state that the constitution is not a living document and therefore, it does not change to meet the needs of the nation. One purpose behind this contention would be the constitution comprising no Bill of Rights. A Bill of rights is the arrangement of the most essential rights to the natives of a nation. Australia is the main Western popularity based nation with not a protected or elected administrative bill of rights to ensure its natives (Mchugh 2007). According to Lowitja O'donoghue, previous ATSIC Chair It says very little about what it is to be Australian. It says practically nothing about how we find ourselves here - save being an amalgamation of former colonies. It says nothing of how we should behave towards each other as human beings and as Australians. This in itself obviously depicts the incapacity of the constitution as a political rule of the country. A sample would be the situation law of Gradidge v Grace Bros Pty Limited (1988). There, a hard of hearing quiet in the Compensation Court of New South Wales obliged manual/visual dialect translation. The translator kept on translaing trades between the judge and the advodates throughout lawful submissions. She persevered in doing so notwithstanding the direction of the judge that the trades did not have to be deciphered. Her emphasis after deciphering everything that happened in the general population ...
A Constitution is a set of rules put in place to govern a country, by which the parliament, executive and judiciary must abide by in law making and administering justice. In many countries, these laws are easily changed, while in Australia, a referendum process must take place to alter the wording of the Constitution (Commonwealth of Australia, date unknown, South Australian Schools Constitutional Convention Committee 2001). Since the introduction of the Australian Constitution in January 1901, there have been sufficient proposals to alter and insert sections within the body to reflect the societal values of the day, ensuring the Constitution remains relevant to the Australian people. Although Constitutional reform can be made on a arrangement of matters, the latest protests on Indigenous recognition and racial references within the body of the Constitution has called into question the validity of racial inclusion, and whether amendments should be made to allow for recognition. This essay will focus on the necessity of these amendments and evaluate the likelihood of change through the process of referenda.
This essay will examine key aspects of the recent implementation of the Australian Consumer Law (ACL) 2011, which is the largest overhaul in Consumer Law in Australia in the past twenty five years. The ACL replaces 20 existing State and Territory laws into one national law , the legislation was enacted in two main parts as Schedule 2 of the renamed Trade Practices Act 1974 (Cth) (TPA) - Competition and Consumer Act 2010 (Cth) (CCA) . Aforementioned this essay it will outline the key benefits of the implementation of the act. Furthermore it will critique the Act, whilst exploring the objectives of the legislation.
Their activities can properly be called moral enterprise, for what they are enterprising about is the creation of a new fragment of the moral constitution of society, its code of right and wrong.” (p109) This means that a group of people will go around to distinct between what is right or wrong. Arguably, Bill S-2; otherwise known as the “Incorporation by Reference in Regulations Act” is important for this theory because it can help the moral enterprise because of references. This Bill will “impose an obligation on regulation-making authorities to ensure that a document, index, rate or number that is incorporated by reference …. [though the person will] not [be held] liable [to the affect of being] found guilty of an offence or subjected to an administrative sanction for a contravention relating to a document, index, rate or number that is incorporated by reference unless certain requirements in relation to accessibility are met.” (Dechert, 2015) Further, the moral group can look at a Bill’s reference to further understand the reasoning behind it and whether they agree if it is right or not.
The constitution was a document that embodies the fundamental laws and principles by which the U.S is governed. The constitution states basic rights for its citizens. Delegates signed the constitution on September 17, 1787. There is a total of 27 constitutional amendments. The reasoning for writing it was for a stronger federal government - legislative, executive and judicial. The constitution was a break with a past of ‘unfair’ taxes, wars and ‘unfair’ treatment.
Australia became an independent nation on January 1, 1901 when the British Parliament passed certain legislation allowing the six Australian colonies to regulate their own authority as part of the Commonwealth of Australia. The Commonwealth of Australia was established, and remains as, a constitutional monarchy, meaning that it was founded with a written constitution, and that the Australian head of state is also head of the Commonwealth (Queen Elizabeth II.) The Australian Constitution was initially drafted by several men in the 1890’s though it wasn't passed by the British Parliament until 1900 as part of the Commonwealth of Australia Constitution Act. By definition the Australian Constitution is a composition
The Bill of Rights was first originated from England, where it asserts for constitutional protection for individuals, and lists different types of prohibitions on government power (Bill of rights institute, 2016). The action of how Australia became a Federation, it involved complicated constitutional conventions, and how the constitutional founders addressed the complications of enacting a Bill of Rights, they decided not to enact it. McClelland (2002, pg. 138) describes how there were proposals that were rejected to incorporate fundamental rights in Australia’s constitution. Australians basic right were protected by common law, however instead, it was a mixture of
Since the dawn of time for a society to work it needs to have a level of structure that applies to everyone and is understood by everyone. Australian legal system is broad and complex. It is the nature of the encompassing laws and regulations which reflect how people, organisations and governments behave on the many different levels of operation and these are created to make sure that everyone understands their rights and obligations. There are two sources of Law in Australia: Statute Law regulated by Parliament and comprise of legislations and acts; and Judge-made Law or Common Law where decisions made by judges are based on previous cases.
The role of law reform has responded rather effectively to a certain extent in protecting the rights of consumers. This is evident in the legal responses introduced to address issues of credit, marketing innovation and technology. These law amendments has effectively increase the protection of the rights of consumers to a certain extent, however loopholes still exist. Due to the increasing range of goods and services continues to grow and the failure of existing laws, the role of law reform has been significant in protecting the rights of consumers. Consumer laws were created to prevent deceitful activities, or unfair business practices, as well as serving a protection for weaker parties who are unable to protect themselves. However, laws were later reformed to enable customers to transact with confidence and protect suppliers, consumers from inappropriate business conduct and to reflect changed community values and circumstances.
The drafting of the Constitution does not include all feasible areas of legal development and is not intended; that would have been unreasonable. However, they also trust that States should retain the capacity to make the law relevant to their regional, economic and demographic The Australian Constitution sets out the form of the federal government and lays the foundation for the relationship between the Commonwealth and the countries. There are six states in Australia which are Victoria, New South Wales, Queensland, Western Australia, South Australia, Tasmania and two territories (the Northern Territory and Australia Capital Territory which is the location of capital - Canberra).
Introduction. The Commonwealth of Australia Constitution Act was enacted into force in 1901. This Constitution fabricates a federal government system for Australia, making it a federation. It sees its political powers partitioned by a central i.e. Federal government and several state ones, with each government containing its own parliament as the ruling body.
Carroll (1979) states, “business encompasses the economic, legal, ethical and discretionary expectations that society has of organization at a given point in time”.