Journal article critique hca 220

September Suggested citation: Cancer Council Victoria; It summarises the history of plain packaging as a policy response

Journal article critique hca 220

Journal article critique hca 220

The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.

The first three limbs prohibit the Commonwealth from making certain laws: The fourth limb proscribes the imposition of religious tests to qualify for any Commonwealth office or public trust.

The issues of religious freedom and secularism were not prominent in the convention debates, which focused on the economic and legislative powers of the proposed Commonwealth parliament.

The Commonwealth was not mentioned because it was assumed that the Commonwealth parliament would have no power to make such laws.

113 Plain packaging as a solution to the misleading and promotional power of packaging

Higgins expressed concern about this assumption and moved to expand the provision to cover the Commonwealth as well as the states. Protestant churches in New South Wales argued that the Constitution should state that divine providence is the "ultimate source of law", while convention delegates John Quick and Patrick Glynn moved to have God explicitly recognised in the Constitution.

In reaching this finding, the court argued that the definition of religion needed to be flexible but should recognise the need to be sceptical of disingenous claims of religious practice. In a case, Higgins, then a Justice of the High Court, suggested as obiter dictum that a person could lawfully object to compulsory voting on the grounds of religious belief.

The government had declared the branch to be an organisation whose activities were "prejudicial to the defence of the Commonwealth": Chief Justice John Latham held that the Constitution permitted the court to "reconcile religious freedom with ordered government".

The court reasoned that the purpose of the ordinance was not to prohibit the free exercise of religion even though the ordinance may have had that effect. Pannam considered the provision would only become significant if the High Court held that it applied to laws made by governments of the territories.

Journal article critique hca 220

Williams argues that as an "express guarantee of personal freedom", the provision should be interpreted broadly and promote "individual liberty over the arbitrary exercise of legislative and executive power". In their view most Australians correctly "believe that the Constitution protects the right to freedom of thought and conscience just like it protects other civil and political freedoms", and that the court should give effect to that belief.

They argue there is precedent for the court finding implied constitutional rights, such as the case of Australian Capital Television Pty Ltd v Commonwealth[40] where the court found that the Constitution guaranteed the freedom of political communication.

Booker and Glass defend the court's interpretation of the provision and other Constitutional rights, saying "the High Court can only work with the constitutional provisions before it".

InJohn Curtin 's Labor government put a package of measures, known as the "Fourteen Powers referendum", to the Australian public. The purpose of the package was mainly to widen the Commonwealth's legislative powers for the purposes of post-war reconstruction.

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The widening of powers would sunset after five years. Evattthe Labor Attorney-Generalargued that freedom of religion was "fundamental to the whole idea of democracy" and that the suppression of civil rights by dictatorships in Europe demonstrated the need for Australia to have a strong Constitutional guarantee of the freedom.

Again, the proposal was initiated by a Labor government under Bob Hawke ; again, the proposal was opposed by the conservative parties; [50] and again, multiple controversial proposals were bound into one question, being "to alter the Constitution to extend the right to trial by jury, to extend freedom of religion, and to ensure fair terms for persons whose property is acquired by any government.Related Documents: Ethical Approaches Critique Paper Seven Organizational Approaches Paper Alexandra Cruz HCA/ April 12, Professor Patricia There are seven organizational approaches to studying the human body.

Each are important to understand the complex systems and workings of the human body.

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114 Predicted effects of plain packaging Metabolism[ edit ] Methadone has a slow metabolism and very high fat solubilitymaking it longer lasting than morphine-based drugs. Methadone has a typical elimination half-life of 15 to 60 hours with a mean of around

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