Mcginty v Western Australia
| Jurisdiction | Australia Federal only |
| Court | High Court |
| Judgment Date | 1996 |
| Neutral Citation | 1996-0328 HCA B,[1996] HCA 48 |
| Date | 1996 |
| Year | 1996 |
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67 cases
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[1] Hon. Mark Brantley (Leader of the Opposition) [2] Hon. Eugene Hamilton [3] Hon. Shawn Richards [4] Hon. Vance Armory [5] Hon. Sam Condor [6] Hon. Timothy Harris Claimants/Respondents v [1] Hon. Curtis Martin (Speaker of the National Assembly) [2] Hon. Denzil Douglas (Prime Minister) [3] Hon. Dr. Asim Martin (Deputy Prime Minister) [4] Hon. Patrice Nisbett [5] Hon. Marcella Liburd [6] Hon. Glen Phillip [7] Hon. Richard Skerrit [8] Hon. Nigel Carty [9] Hon. Jason Hamilton [10] Attorney General of St. Chrisptopher and Nevis Defendants/Applicants [ECSC]
...by the implied freedom to the State laws and State political matters. 65 The Court in Lange approved of the approach taken by McGinty (1996) 186 CLR 140 where it was stated: "11. Implications are not devised by the judiciary; they exist in the text and structure of the Constitution and are ......
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Australian Financial Services and Leasing Pty Ltd v Hills Industries Ltd
...164 CLR 662. 217 Australia and New Zealand Banking Group Ltd v Westpac Banking Corporation (1988) 164 CLR 662 at 674. 218 See McGinty v Western Australia (1996) 186 CLR 140 at 232 per McHugh J; [1996] HCA 48. See also Roxborough v Rothmans of Pall Mall Australia Ltd (2001) 208 CLR 516 at 5......
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Austin v The Commonwealth of Australia
...(1947) 74 CLR 31. 91 Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (1920) 28 CLR 129 . 92 (1992) 177 CLR 106 at 135. 93 (1996) 186 CLR 140 at 168-169; see also at 188, 230-232, 94 (1997) 190 CLR 1 at 64. See also his Honour's observations in Queensland Electricity Commission ......
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Mulholland v Australian Electoral Commission
...features of representative government’. In other cases, such as Attorney-General (Cth); Ex rel McKinlay v The Commonwealth7, and McGinty v Western Australia8, it was pointed out that representative democracy takes many forms, and that the terms of the Constitution are silent on many matters......
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49 books & journal articles
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WALKING THE TIGHTROPE BETWEEN LEGALITY AND LEGITIMACY
...182 CLR 104 at 121–123. 72Australian Capital Television Pty Ltd v Commonwealth(1992) 177 CLR 106 at 217. 73McGinty v Western Australia(1996) 186 CLR 140 at 168. 74(1997) 189 CLR 520. 75(1997) 189 CLR 520 at 559–560 and 566. 76Lange v Australian Broadcasting Corp(1997) 189 CLR 520 at 560. It......
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Alexander Meiklejohn, American Constitutional Law, and Australia's Implied Freedom of Political Communication
...33 Lange (1997) 189 CLR 520, 566–7, relying in part on McGinty v State of Western Australia (1996) 186 CLR 140 ('McGinty') which included extensive discussion of the implied freedom of communication when it rejected a one–person one–vote principle. 34 Leslie Zines, 'The Present State of Con......
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Human Rights Protection in Australia: Interpretation Provisions and Parliamentary Supremacy
...Act 1947 (WA) s 13. 21 Western Australia v Wilsmore [1981] WAR 179. Cited with apparent approval in McGinty v Western Australia (1996) 186 CLR 140, 209 n 342 (Toohey J); without deciding it, Gummow J raised this possibility at 296–7. 22 [1952] 2 SALR 428, 464. 23 [1965] AC 172, 197. 24 Ibid......
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Prohibiting the Conscription of State Officers for Commonwealth Purposes: An American Future for the State Immunity Doctrine?
...301. 91 Australian Capital Television Pty Ltd v Commonwealth (1992) 177 CLR 106, 135 (Mason CJ); see also McGinty v Western Aust ralia (1996) 186 CLR 140, 169 (Brennan CJ); Austin (2003) 215 CLR 175, 245 (Gaudron, Gummow and Hayne JJ). 92 Austin (2003) 215 CLR 175, 246 (Gaudron, Gummow and ......
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