Division of Law-Making Powers

Flashcards by rnoakes, updated more than 1 year ago
Created by rnoakes over 7 years ago


12 Legal Studies Flashcards on Division of Law-Making Powers, created by rnoakes on 03/18/2014.

Resource summary

Question Answer
Division of Law-Making Powers The Constitution outlines the powers that the Commonwealth would have upon the beginning of federation. Most of these are listed in section 51 (specific powers).
Exclusive Powers Some of the s 51 powers are exclusive powers. This means that only the Commonwealth can pass laws in these areas. We know they are exclusive either from the wording of the particular part, or because another section of the Constitution expressly prevents the States from passing such a law.
Examples of Exclusive Powers Section 51 The Parliament shall... have power to make laws... with respect to: (iv) Borrowing money on the public credit of the Commonwealth (xxx) The relations of the Commonwealth with the islands of the Pacific
Prohibited Powers The drafters of the Constitution also decided that there should be areas in which the Commonwealth should not be allowed to pass laws – these are called prohibited powers. The wording of sections 92 and 117 make clear that these also apply to the States.
Examples of Prohibited Powers On the imposition of uniform duties of customs, trade, commerce, and intercourse and among the States... shall be absolutely free. Section 116 The Commonwealth shall not make any law for the establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion... Section 117 A subject of the Queen, resident in any State, shall not be subject in any other State to any disability or discrimination which would not be equally applicable to him if he were a subject of the Queen resident in such other State.
Residual Powers The powers granted to the States under these sections are called residual powers (ie left over, remaining).
Concurrent Powers Most of the section 51 powers are also concurrent powers. This means that both the Commonwealth and the States can pass laws in respect of these matters. e.g. marriage
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