Archimedes, aid/watch, constitutional levers and where we now stand

Turnour, Matthew & Turnour, Elizabeth (2014) Archimedes, aid/watch, constitutional levers and where we now stand. In Harding, Matthew, O'Connell, Ann, & Stewart, Miranda (Eds.) Not-for-Profit Law. Cambridge University Press, Cambridge, United Kingdom, pp. 37-60.

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Abstract

Archimedes is reported as famously saying: 'Give me a place to stand and I will move the earth.' He was referring to the power of levers. His point was that a person of ordinary capacity with a place to stand, a fulcrum and a level could change the path of planets. This principle of physics is a metaphor for how the common law has moved over the last millennium. Courts have found a stable foundation on which to stand, such as the constitutional bedrock or well-grounded precedent, and, using cases as fulcrums and legal principles as levers, the have moved the law. Australia is at a critical juncture in the development of the law of charities. The High Court of Australia has held that political purposes can be charitable in certain circumstances. The Parliament of Australia has not only enshrined this in a statutory definition of charity but has done so with a preamble to the legislation which affirms the basis for this development in residing in the 'unique nature and diversity of charities and the distinctive and important role that they play in Australia'.

Impact and interest:

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ID Code: 72997
Item Type: Book Chapter
Keywords: Constitutional leverage, Aid/Watch, Charities Act 2013
ISBN: 9781107053601
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
Divisions: Current > Research Centres > Australian Centre for Philanthropy and Nonprofit Studies
Current > QUT Faculties and Divisions > QUT Business School
Current > Schools > School of Accountancy
Deposited On: 23 Jun 2014 22:14
Last Modified: 10 Oct 2015 14:15

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