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Section 117 of the Constitution of Australia provides protection against discrimination on the basis of State of residence. Historically, section 117 had been read down by the High Court so as to be devoid of any real meaning. For example, in 1904 it was found that discrimination in favour of people who are "residents of and domiciled in Western Australia" was permissible, as the Constitution only prohibited discrimination on the basis of a person's State of residence, not their State of domicile. In the 1989 landmark case ''Street v Queensland Bar Association'', the modern approach to interpretation was developed. The court held that the purpose of the section was national unity, and consequentially, residence should be given a broader meaning. In addition, the court overruled a case in which the historical approach was used.〔 In reaching its conclusion, each of the seven Justices issued a separate opinion. Combining this with the fact that there is little case law referencing section 117, there remains significant debate over the nature and extent of the right contained within it. ==Origins== Section 117 was inspired by the both the Privileges and Immunities Clause and the Privileges or Immunities Clause of the United States Constitution. The original form of the section, proposed at the 1891 Constitutional Convention, read: At the Melbourne session of the 1897-1898 Constitutional Convention, it was decided that the first part of the section should be removed because it was unclear to the delegates how one State's law could interfere with the privilege or immunity of a citizen of another State, and in addition there was no definition of a Commonwealth citizen. Several attempts were made to define Commonwealth citizenship, none of which were successful.〔 Richard O'Connor eventually proposed that the clause read: But this too was rejected on the grounds that it would be impossible for there to be any practical difference between the rights of citizens by State. Following this, O'Connor made another proposal, which was accepted.〔 After a minor modification, section 117 reached the form that it is in today: 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Section 117 of the Constitution of Australia」の詳細全文を読む スポンサード リンク
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