Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
In both instances there have been changes and modifications by legislative
acts and judicial interpretations, but a Spanish judicial decision has
even more weight in a Cuban tribunal than an English decision has in an
American court because Cuba, being a younger Republic than the United
States, is much nearer to its motherland in point of time, besides its
closer resemblance in race, religion and customs.
CHAPTER XXXI.
COMMONWEALTH OF AUSTRALIA.
The Commonwealth of Australia, created by an act of the Imperial
Parliament in 1900 (63 and 64 Vic. cap. 12), is a federal State under the
supreme authority of the Crown of Great Britain.
This act of Parliament not only created a federal Commonwealth out of the
colonies of Queensland, New South Wales, Victoria, South Australia, West
Australia and Tasmania, but it also granted to the new Commonwealth a
written constitution which is obviously modeled upon that of the United
States of America.
The constitution provides that "every law in force in a colony which has
become or becomes a State shall, unless it is by this constitution
exclusively vested in the Parliament of the Commonwealth or withdrawn from
the Parliament of the State, continue as at the establishment of the
Commonwealth or as at the admission or establishment of the State, as the
case may be."
It is also provided that "when a law of a State is inconsistent with a law
of the Commonwealth the latter shall prevail and the former shall, to the
extent of the inconsistency, be invalid."
All powers not delegated to the central or federal government are reserved
to the States.
However, in spite of its resemblance to other federal systems, the
principle of the responsibility of ministers to Parliament proclaims its
English parentage.
The judicial power is exercised under the constitution by a federal
supreme court, called the High Court of Justice, and other courts of
federal jurisdiction.
It is expressly provided in the Australian constitution that the
Parliament of the Commonwealth shall, subject to the constitution, have
power to make laws for the peace, order and good government of the
Commonwealth with respect to "divorce and matrimonial causes, and in
relation thereto, parental rights, and the custody and guardianship of
infants."
It will be observed that Parliament is given no power under the
constitution to make laws prescribing the qualifications for marriage, the
impediments thereto, and regulations concerning the celebration. All such
power is reserved by the respective States.
Moreover, the grant of power to Parliament to make laws with regard to
"divorce and matrimonial causes" is not a power "by this constitution
exclusively vested in the Parliament of the Commonwealth or withdrawn from
the Parliament of the State."
Public-domain text, read in full here on John Shaqi.
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