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Commentaries on the Constitution of the Commonwealth of Australia

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I.

Commentaries on the Constitution of the Commonwealth of Australia.

1.

Title and Preamble

2.

Covering Clauses

3.

4.

5.

The House of Representatives.

6.

Both Houses of the Parliament.

7.

Powers of the Parliament.

8.

The Executive Government.

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9.

The Judicature.

§ 286. “The Judicial Power.”

§ 287. “Shall be Vested.”

§ 288. “The High Court of Australia.”

§ 289. “Such Other Federal Courts as the Parliament Creates.”

§ 290. “Such Other Courts as it Invests with Federal Jurisdiction.”

§ 291. “A Chief Justice and so Many Other Justices.”

§ 292. “As the Parliament Prescribes.”

§ 293. “Shall be Appointed.”

§ 294. “Shall not be Removed.”

§ 295. “Except by the Governor-General in Council.”

§ 296. “On an Address from Both Houses.”

§ 297. “On the Ground of Proved Misbehaviour or Incapacity.”

§ 298. “The Remuneration shall not be Diminished.”

§ 299. “Shall Have Jurisdiction.”

§ 300. “With Such Exceptions and Subject to Such Regulations.”

§ 301. “To Hear and Determine Appeals.”

§ 302. “From all Judgments, Decrees, Orders, and Sentences.”

§ 303. “Of any Justice or Justices Exercising the Original Jurisdiction of the High Court.”

§ 304. “Of any other Federal Court, or Court Exercising Federal Jurisdiction.”

§ 305. “Of the Supreme Court of any State.”

§ 306. “Or of Any Other Court of Any State,” &c.

§ 307. “Of the Inter-State Commission, but as to Questions of Law Only.”

§ 308. “Final and Conclusive.”

§ 309. “The Conditions of and Restrictions on Appeals.”

§ 310. “Appeal to Queen in Council.”

§ 311. “No Appeal shall be Permitted.”

§ 312. “From a Decision of the High Court.”

§ 313. “Upon any Question, Howsoever Arising.”

§ 314. “The Limits Inter Se of the Constitutional Powers.”

§ 315. “Unless the High Court shall Certify.”

§ 316. “Shall not impair any Right which the Queen may be pleased to Exercise, by virtue of Her Royal Prerogative.”

§ 317. “Special Leave of Appeal from the High Court to Her Majesty in Council.”

§ 318. “The Parliament may make Laws Limiting the Matters in which such Leave may be Asked.”

§ 319. “Shall be Reserved … for Her Majesty's Pleasure.”

§ 320. “In all Matters.”

§ 321. “Arising Under any Treaty.”

§322. “Affecting Consuls, or Other Representatives of Other Countries.”

§ 323. “In which the Commonwealth, or a Person Suing or being Sued on Behalf of the Commonwealth, is a Party.”

§ 324. “Between States, or between Residents of Different States, or between a State and a Resident of Another State.”

§ 325. “In which a Writ of Mandamus or Prohibition, or an Injunction, is Sought Against an Officer of the Commonwealth.”

§ 326. “The High Court Shall Have Original Jurisdiction.”

§ 327. “Laws Conferring Original Jurisdiction."

§ 328. “In Any Matter.”

§ 329. “Arising under this Constitution.”

§ 330. “Its Interpretation.”

§ 331. “Arising Under Any Laws made by the Parliament.”

§ 332. “Of Admiralty and Maritime Jurisdiction.”

§ 333. “Relating to the same Subject-matter claimed under the Laws of Different States.”

§ 334. “With Respect to any of the Matters Mentioned in the Last Two Sections.”

§ 335. “Defining the Jurisdiction of any Federal Court other than the High Court.”

§ 336. “Defining the Extent to which the Jurisdiction of any Federal Court shall be Exclusive.”

§ 337. “Investing any Court of a State with Federal Jurisdiction.”

§ 338. “Rights to Proceed against the Commonwealth or a State.”

§ 339. “Within the Limits of the Judicial Power.”

§ 340. “The Trial on Indictment.”

§ 341. “Any Offence Against any Law of the Commonwealth.”

§ 342. “By Jury.”

10.

Finance and Trade.

11.

12.

13.

14.

Alteration of the Constitution.

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Title

of Statute, 281. Short title of Commonwealth Act, 311–20.

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