International Treatys

The basic framework of the two is basically the same in that universally the first three deal with the Federal Government in the same order: Parliament (Australia)/Legislature (US), the Executive Government (Aust.)/Executive Branch (US), and the Judicature (Aust.)/Judicial Branch (US). Again both the US constitution and the Aust. Constitution have segments dedicated to state powers and alteration; however the Aust. Constitution goes further by dealing specifically with “Finance quel Tracle” and “Miscellaneous.”

A referendum is the only formal process that can be used to change the written words of the Constitution but it isn’t the only way Commonwealth Parliament can gain powers. States can refer or give their power to Commonwealth Parliament by passing an act.

Section 51 (xxix) of the Constitution of Australia grants exclusive power to the Commonwealth to legislate with regard to external affairs. Since its inception, through the development of case law, the external affairs power has been found to consist of three limbs:

Now I shall talk about how the Australian Constitution. It’s common knowledge to know that a constitution is pretty much the law of the land and a foundation of the laws that rule there. Constitutions are very important for countries to have. Helen Irving explains in The Oxford Companion of Australian Politics that, “Its Preamble records the agreement of the six Australian colonies to federate in 1901 and to remain together as ‘one indissoluble federal Commonwealth’.” The Australian Constitution was written as a bill when the colonies met in 1890. The constitution has a full draft by the end of 1891 but colonial parliaments failed to pass it (Irving).

A government sends delegates to represent them at conferences and/or meetings of international organizations. Only when a nation state agrees to the conditions and agrees to abide by the terms set out in the treaty are they eligible to sign it. By becoming a signatory it is then necessary to implement those conditions into legislation and law to be adhered to within that signatories land.

Australia 's Federal System is dynamic and the division of lawmaking power between the Commonwealth and State since 1901 has changed dramatically; Critically discuss, focussing on the major reasons for those changes.

They are the purest form and offer a direct way for participation in issues that directly affect the public. Referendums offer another way of participating directly and provide others with a way of commenting and participation in most of the decisions made in parliament. Referendums provide a vital direct link between government and the electorate which is otherwise unseen in representative democracies. They can help to promote political participation as well as creating a more informed electorate. Yet referendums, despite all of this are often criticised for the way in which they weaken elected bodies and do not provide a true gauge of public opinion, largely due to media influence in possibly spreading false information. However, as has been argued none of these arguments hold much weight, especially in the face of a system where the use of referendums have clear guidelines, as in Australia, to be used for constitutional amendments and wherever else is seen as fit by the elected bodies in power. Referendums are a tool which should be used more widely in today's political systems of democracy as they are a manageable and positive step towards a hybrid political system which effectively combines representative and direct democracy thus strengthening democracy

In The Other Side: or notes for the history of the war between Mexico and the United States, Ramón Alcaraz, a 19th century Mexican historian, presents the Mexican side of the issues of the war not long after its decision , additionally he argues that ". . ..the insatiable ambition of the United States, coupled by our weakness . . ." caused the war. United States was power hungry at the moment and well focused on the idea of manifest destiny, therefore they too lands by any means through purchase or reaching an agreement, or direct aggression. Similarly united states followed the path of the British while converting their power to violence to subdue other pieces of land. Mexico on the other hand was a victim in stood in the way of their expansion

At a glance, one may assume that individuals do not play a significant role in international law. International law may seem too broad to encompass individuals in any society. This is because that international law has no jurisdiction. It applies regardless of the local jurisdiction sometimes even overriding local legislation. Courts may use international law to pass judgement on tricky cases. However, individuals play a significant role in international law. International law focuses mainly on the individual. It ensures that individuals get justice mostly in situations when the national

An agreement that they agreed was Adams-Onís Treaty. One agreement was the Spanish agreed to set the limits of their territory. According to the text it said, "what is now California’s northern border and gave up any claim to Oregon." Another one is that Adams had made an agreement with Britain. According to what I read it has said that they made an agreement of joint occupation of the area. This meant that both the United States and Great Britain could settle in orogen. Finally when Adams became president he had proposed that the two nations would be divided in Oregon. Britain refused so then they made in agreement that Britain and Americans could settle their instead of just dividing it into two.

     Australia’s form of government has been described as a constitutional monarchy, in which the queen of England is the nominal head of state. In the federal government, power rests with the elected political party that holds the majority in the House of Representatives. The leader is the prime minister. The Senate consists of 76 members who are elected every six years. The House of Representatives has 147 members and they face elections every three years. Any laws that involve changes to the Constitution must be decided by a referendum in which the country’s citizens are called to vote on whether or not they want such changes to take place.

What is the Referendum Process? I define it as the only way the written words of the constitution can be changed. We have this process implies so that parliament doesnt have too much power over the most important piece of Australian legislation. And so that the people can indirectly have a say in how the Constitution is worded. Constitution proposals only come up every so often. But, when they do it goes a little like this. The first thing you do is propose the bill you outline your ID and you have a drop person run up the bill. Than your proposal goes through the same legislative process as any other bill. The bill must be approved by both houses of Parliament. Alternatively if one house refuses to pass the bill the other house can pass

The difference between the division and separation of powers is small. The Division of power is one of the most important aspects of the Constitution. This role is dividing power between the state and Commonwealth parliaments. This division is separated into three powers, Residual, Concurrent, and Exclusive. Residual powers are those powers that the states have in areas such as, health, transport and policing, concurrent powers are those shared between the commonwealth government and state governments. Areas such as Medicare funding .The Exclusive powers are those powers granted only to the Commonwealth of Australia parliament. . Example in the Commonwealth of Australia Vs. The state of Tasmania (1983) the commonwealth blocked the state from constructing a hydroelectric dam in the world heritage listed Gordon river. The state claimed it was unconstitutional for the commonwealth to block the dam because power generation was an area of state responsibility. The commonwealth then argued that it did have power to block construction because Australia was signatory to the convention for the protection of the world cultural and natural heritage (1972) it argued that because this international agreement stipulated

Basically, Ratner discusses how we have two challenges: how to make universal rules legitimate amongst a community of diverse nations and how to make these rules effective in the absence of a governing authority. He then goes on to explain how there are four fundamental shifts in these kinds of issues. New Forms, New Players: Rules of international law used to reside in treaties or customary law, but as new domains from the environment to the internet become appropriate for international regulation, states become unwilling to embrace strict rules. Soft law enables states to adjust to the regulation of new areas without fearing punishment upon failure to comply. New participants are making demands

From the analysis and interpretation done of Yasuaki's paper on international law and it applicability, there is the profound emphasis on the need for having validity behind the international laws and this is touted to be more important than efficacy of the international laws. This focus on validity is argued widely to be the driving force behind the applicability and the efficiency of international law.